The Civil Service Reform Act grants MSPB jurisdiction to hear appeals of any action made appealable to MSPB under law, rule, or regulation. 5 U.S.C. 7701(a). For the ease of MSPB's stakeholders, MSPB's regulation at 5 Code of Federal Regulations (CFR) 1201.3 contains a list of the types of appeals MSPB has been granted jurisdiction to hear. The current list includes 1201.3(a)(3), which reflects appeal rights for employees who are terminated during their initial or supervisory probationary period; 1201.3(a)(6), which reflects appeals rights for employees subjected to a reduction-in-force; and 1201.3(a)(9), which reflects appeal rights for employees subjected to a suitability action. OPM regulations previously granted MSPB jurisdiction over each of these types of appeals, except for reduction-in-force actions affecting a career or career candidate appointee in the Foreign Service, over which MSPB exercises jurisdiction pursuant to statute.

On June 24, 2025, OPM issued a final rule which stated that Executive Order (E.O.) 14284, “Strengthening Probationary Periods in the Federal Service” (90 FR 17729), issued on April 24, 2025, “ `supersede[d] subpart H' [of part 315 of CFR title 5] and `rendered [it] inoperative and without effect.' ” Accordingly, OPM's final rule rescinded subpart H of CFR part 315, including 5 CFR 315.806, which provided appeal rights to MSPB for employees serving an initial appointment to a competitive service position who are terminated during their probationary or trial period.

Subsequently, effective September 2, 2026, OPM issued a final rule revising 5 CFR 315.908(b) [of subpart I of part 315 CFR title 5] which previously granted MSPB appeal rights to competitive service, managerial or supervisory employees who alleged that an action under that subpart, such as return to a nonsupervisory or nonmanagerial position for failure to complete the probationary period, was based on partisan political affiliation or marital status. The revised rule rescinds MSPB appeal rights for these employees and instead provides a right to appeal such actions to OPM.

Consequently, MSPB now amends 5 CFR 1201.3(a)(3) to reflect the rescission of these MSPB appeal rights. MSPB notes that OPM has provided in its final rule that the rule covers actions effected from September 2, 2026, forward, and therefore does not apply to any pending MSPB appeals or future MSPB appeals filed based on actions effected before September 2, 2026.

Effective September 2, 2026, OPM issued a final rule revising 5 CFR 351.901, which previously granted MSPB appeal rights to federal employees subjected to a reduction-in-force. The new rule, in relevant part, rescinds these MSPB appeal rights and instead provides reduction-in-force appeal rights exclusively to OPM. Consequently, MSPB now amends 5 CFR 1201.3(a)(6) to reflect OPM's rescission of these previously codified MSPB appeal rights. This amendment does not affect the separate statutory right of a career or career candidate appointee in the Foreign Service to appeal a RIF action to MSPB under 22 U.S.C. 4010a. The final rule retains that appeal right in redesignated paragraph (a)(5) of 5 CFR 1201.3 but changes the referenced citation from 22 U.S.C. 4011 to 22 U.S.C. 4010a, where the precise statutory appeal reference is found.

MSPB notes that OPM's final rule on RIF appeals applies only to a RIF action for which an agency issues the employee a specific RIF notice on or after the effective date of the RIF appeals rule, and that MSPB appeals of RIF actions taken before the effective date of OPM's final rule may continue to be adjudicated through the MSPB process. MSPB will therefore continue to adjudicate RIF appeals that are not covered by OPM's final RIF appeals rule ( i.e., because the RIF actions were taken before the rule's effective date), and will accept such cases for filing where the agency's RIF notice was issued before the rule's effective date, and will not dismiss such appeals on the ground that OPM's final rule displaced the MSPB's jurisdiction.

Effective September 2, 2026, OPM issued a final rule revising 5 CFR 731.501, which previously granted MSPB appeal rights to individuals subjected to a suitability action, which includes the cancellation of eligibility, removal, cancellation of reinstatement eligibility, and debarment. The new rule, in relevant part, rescinds these MSPB appeal rights and provides suitability action appeal rights exclusively to OPM. MSPB now amends 5 CFR 1201.3(a)(9) to reflect OPM's rescission of these previously codified MSPB appeal rights.

MSPB notes that OPM's suitability appeals rule does not apply to suitability appeals filed with the MSPB before the effective date of OPM's final rule, and that the MSPB may continue to adjudicate such suitability appeals. MSPB will therefore continue to adjudicate such suitability appeals that are not covered by OPM's final suitability appeals rule, and will not dismiss such appeals on the ground that OPM's final rule displaced the MSPB's jurisdiction.

This amendment amends the list of appealable actions in section 1201.3(a) to remove references to appeal rights for employees in the competitive service or in a managerial or supervisory position who are terminated during their probationary or trial period; federal employees subjected to a reduction in force; and federal applicants, appointees, and employees subjected to a suitability action which includes the cancellation of eligibility, removal, cancellation of reinstatement eligibility, and debarment.

The amendment described above will go into effect on September 2, 2026. However, as described above, and consistent with OPM's rulemakings, the MSPB will not apply this amendment to probationary termination, RIF, or suitability appeals pending as of September 2, 2026. Additionally, MSPB will adjudicate any RIF appeals it receives after September 2, 2026, in which the RIF effective date preceded September 2, 2026; and any probationary termination appeals pursuant to 5 CFR 315.908(b) it receives after September 2, 2026, in which the probationary termination action was effected prior to September 2, 2026.

Pursuant to 5 U.S.C. 553(b)(B), MSPB finds that there is good cause to issue this final rule without prior notice and comment. This final rule merely reflects the recission of the regulatory bases for MSPB's jurisdiction. MSPB lacks any discretion regarding this change, and thus lacks discretion in this rulemaking action. Accordingly, notice and public comment procedures are unnecessary.

Similarly, pursuant to 5 U.S.C. 553(d)(3), MSPB finds that there is good cause to make this final rule effective immediately upon publication. This final rule merely reflects the recission of the regulatory bases for MSPB's jurisdiction.

The MSPB has examined the impact of this rulemaking as required by Executive Orders 12866 (Sept. 30, 1993) and 13563 (Jan. 18, 2011), which direct agencies to evaluate the benefits and costs of the action. A regulatory impact analysis must be prepared for rules with effects of $100 million or more in any one year. This rulemaking does not reach that threshold but has otherwise been designated as a “significant regulatory action” under section 3(f) of Executive Order 12866, as supplemented by Executive Order 13563.

The MSPB certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities because OPM's rule will apply only to Federal agencies, employees, or applicants for employment, and the MSPB's rule does not in itself effect any change, but only reflects OPM's amendments to MSPB's jurisdiction.

This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35).

This regulation will not have substantial direct effect on the States, on the relationship between the National Government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132 (Aug. 10, 1999), it is determined that this rule does not have sufficient federalism implications to warrant preparation of a Federalism Assessment.

This regulation meets the applicable standards set forth in section 3(a) and (b)(2) of Executive Order 12988 (Feb. 5, 1996).

This rulemaking will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually. Thus, no written assessment of unfunded mandates is required.

Under the authority of 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, and for the reasons stated in the preamble, 5 CFR part 1201 is amended as follows:

On July 1, 2026 (91 FR 39843), the NRC published a direct final rule amending its regulations in part 72 of title 10 of the Code of Federal Regulations to include Amendment Nos. 16 and 17 and revisions to Amendment Nos. 0 through 16 to Certificate of Compliance No. 1031. In the direct final rule, the NRC stated that if no significant adverse comments were received, the direct final rule would become effective on September 14, 2026. The NRC did not receive any comments on the direct final rule. Therefore, this direct final rule will become effective as scheduled.

The Atomic Energy Act of 1954, Public Law 83-703 (August 30, 1954), later codified at 42 U.S.C. 2011 et seq., delegated many aspects of the development and regulation of nuclear materials and facilities to the Department of Energy. Specifically, 42 U.S.C. 2282c(a)(1), directs the Department of Energy (DOE or the Department) to promulgate regulations for industrial and construction health and safety at DOE nuclear facilities. In response, DOE promulgated 10 CFR part 861 (part 861) that was originally published on December 30, 1976, (41 FR 56788) to facilitate the control of traffic on the Nevada Test Site, now known as the Nevada National Security Site (NNSS). Part 861 outlines various aspects of traffic control, including speed limits, traffic signs and signals, stopping and yielding, and parking restrictions that are to be addressed in the “Nevada Test Site Traffic Regulations” which are to be promulgated by the Manager of the Nevada Site Office and posted at NNSS. The rule states that, “once posted, these regulations shall have the same force and effect as if made a part hereof.” 10 CFR 861.4(b). The rule also outlines penalties for violations and procedures for posting and distributing the regulations.

Through this interim final rule, DOE is rescinding 10 CFR part 861, including all sections, because the rule has not been utilized in practice for many years to govern traffic flow at NNSS. Rather, NNSS site traffic has been governed by State of Nevada traffic laws with enforcement carried out by the Nye County Sheriff's Office through contractual arrangement since at least 1987. (NNSS is located wholly within the boundaries of Nye County, Nevada.) For these reasons, the rule is obsolete and should be rescinded. This interim final rule is based on the statutory authority delegated to the DOE to promulgate regulations for health and safety at DOE nuclear facilities pursuant to the Atomic Energy Act of 1954. Furthermore, 42 U.S.C. 2282c(a)(3), grants the Secretary “flexibility” in tailoring said regulations for efficiency. DOE deems the rescission of this provision and reliance on State of Nevada traffic laws to be both efficient and appropriate. Additionally, DOE rescinds obsolete part 861 to further Executive Order (E.O.) 14192, “Unleashing Prosperity through Deregulation” and E.O. 14219 “Ensuring Lawful Governance and Implementing the President's “Department of Governmental Efficiency” Deregulatory Initiative.

The effect of rescinding 10 CFR part 861 will be that an obsolete regulation is eliminated resulting in the reduction of the overall regulatory burden including unnecessary Federal enforcement responsibilities.

The Department issues this interim final rule without prior public notice and comment pursuant to the Administrative Procedure Act's exception for rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.” 5 U.S.C. 553(a)(2). This interim final rule falls into that exception for the reasons described in this section.

The purpose of 10 CFR part 861 is to set standards for the management of traffic control and enforcement at NNSS, a wholly owned and managed DOE site. DOE promulgated part 861 pursuant to the authority granted to the Department in the Atomic Energy Act of 1954, Public Law 83-703 (later codified at 42 U.S.C. 2211 et seq. ), which granted DOE broad discretion to set standards for industrial and construction health and safety at DOE nuclear facilities. See 42 U.S.C. 2282c(a)(3). Since part 861 was promulgated in 1976, DOE has determined that contracting with local law enforcement to enforce Nevada traffic law at NNSS is a prudent alternative to enforcing separate site-specific traffic regulations. Therefore, this interim final rule relates to a matter of agency organization, procedure, or practice. See 5 U.S.C. 553(a)(2), (b)(A).

Furthermore, this interim final rule rescinds an obsolete 1976 regulation to align with current and historical practice related to traffic control at the NNSS. Removing this obsolete regulation addressing traffic control at a DOE site does not adversely affect members of the public and involves an agency management decision that is exempt from the notice-and-comment rulemaking procedures of the Administrative Procedure Act.

Although DOE has determined that a notice of proposed rulemaking (and comment thereon) is not required for this interim final rule's rescission of part 861, DOE nevertheless voluntarily elected to solicit comment. DOE considers public participation to be a very important part of its process for considering rulemaking petitions. DOE actively encourages the participation and interaction of the public during the comment period. DOE will accept comments regarding this interim final rule on or before the date provided in the DATES section at the beginning of this document. Interested parties may submit comments as outlined in the ADDRESSES section at the beginning of this document. Comments submitted during this period will be reviewed and considered. A final rule, or additional notice, may be issued at a later date, with a response to comments, reflecting any experience DOE may gain in implementing this interim final rule. All comments received will be posted without change to www.regulations.gov, including any personal information provided. Do not include personal information you would not want publicly shared, including social security information, home addresses, or any other personal identifying information. DOE will not take responsibility for sharing information provided by you.

Section 6(a) of E.O. 12866 also requires agencies to submit “significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) for review. OIRA has determined that this interim final rule does not constitute a “significant regulatory action” under section 3(f) of E.O. 12866. Accordingly, this interim final rule was not submitted to OIRA for review under E.O. 12866.

The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) requires preparation of an initial regulatory flexibility analysis (IRFA) and a final regulatory flexibility analysis (FRFA) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by E.O. 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (Aug. 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's website ( www.energy.gov/gc/office-general-counsel ).

DOE reviewed this interim final rule under the provisions of the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003. This rule eliminates obsolete regulations as discussed previously. Therefore, DOE initially concludes that the impacts of the interim final rule would not have a “significant economic impact on a substantial number of small entities,” and that the preparation of an IRFA is not warranted. DOE will transmit this certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5. U.S.C. 605(b).

This interim final rule imposes no new information or record-keeping requirements. Accordingly, Office of Management and Budget (OMB) clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq. )

DOE has analyzed this action in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), DOE's NEPA regulations (10 CFR part 1021), and DOE's NEPA Implementing procedures at https://www.energy.gov/nepa/doe-nepa-implementing-procedures. Accordingly, DOE has determined that NEPA does not apply to the action in this interim final rule as this rulemaking is solely an administrative and routine action excepted from NEPA review. ( See section 2.1(c)(5) of DOE's NEPA implementing procedures.).

E.O. 13132, “Federalism,” 64 FR 43255 (Aug. 10, 1999), imposes certain requirements on Federal agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735.

DOE has examined this interim final rule and determined that it would not have a substantial direct effect 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. Therefore, no further action is required by E.O. 13132.

With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of E.O. 12988, “Civil Justice Reform,” imposes on Federal agencies the general duty to adhere to the following requirements: (1) eliminate drafting errors and ambiguity, (2) write regulations to minimize litigation, and (3) provide a clear legal standard for affected conduct rather than a general standard, and promote simplification and burden reduction. 61 FR 4729 (Feb. 7, 1996). Regarding the review required by section 3(a), section 3(b) of E.O. 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation (1) clearly specifies the preemptive effect, if any, (2) clearly specifies any effect on existing Federal law or regulation, (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction, (4) specifies the retroactive effect, if any, (5) adequately defines key terms, and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of E.O. 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this interim final rule meets the relevant standards of E.O. 12988.

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy statement is also available at www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.

DOE examined this interim final rule according to UMRA and its statement of policy and determined that the interim final rule does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector. As a result, the analytical requirements of UMRA do not apply.

Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This interim final rule would not have any financial impact on families nor any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

Pursuant to E.O. 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 18, 1988), DOE has determined that this interim final rule would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution.

Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to review most disseminations of information to the public under information quality guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving Implementation of the Information Quality Act (April 24, 2019), DOE published updated guidelines which are available at: www.energy.gov/cio/department-energy-information-quality-guidelines. DOE has reviewed this interim final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.

E.O. 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OIRA at OMB, a Statement of Energy Effects for any significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that: (1) is a significant regulatory action under E.O. 12866, or any successor order and is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (2) is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the rule be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.

This interim final rule of obsolete traffic control regulations is not a significant regulatory action under E.O. 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as such by the Administrator at OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects.

DOE has examined this interim final rule and determined that it is consistent with the policies and directives outlined in E.O. 14192, “Unleashing Prosperity Through Deregulation” and E.O. 14219, “Ensuring Lawful Governance and Implementing the President's “Department of Governmental Efficiency” Deregulatory Initiative. This interim final rule is expected to be an Executive Order 14192 deregulatory action.

As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this interim final rule before its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2).

The Secretary of Energy has approved the publication of the interim final rule; request for comment.

This document of the Department of Energy was signed on July 28, 2026, by James Danly, Deputy Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

On April 10, 2023, Skyryse applied for a supplemental type certificate (STC) for replacing the current mechanical primary flight controls with an FBW flight control system (FCS) in the Robinson Model R66 helicopter. The Robinson Model R66 helicopter, currently approved under Type Certificate No. R00015LA, is a single engine normal category rotorcraft with a maximum takeoff weight of 2,700 pounds and a maximum seating capacity of five passengers. The Model R66 is a single pilot helicopter approved for day and night operations under visual flight rules (VFR) only.

Section 27.695 was issued in 1964 for rotorcraft with rudimentary mechanical systems. The state of technology at that time provided no basis for a digital replacement. Skyryse is proposing to replace the current mechanical primary flight controls on the Model R66 helicopter with a digital FBW FCS. Because of the loss of pilot awareness that would have been provided by mechanical system feedback to the cyclic, an annunciation requirement is necessary through these special conditions.

Under the provisions of 14 CFR 21.101, Skyryse must show that the Robinson Model R66 helicopter, as changed, continues to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. R00015LA or the applicable regulations in effect on the date of application for the change.

If the Administrator finds that the applicable airworthiness regulations ( i.e., 14 CFR part 27) do not contain adequate or appropriate safety standards for the Robinson Model R66 helicopter because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for an STC to modify any other model included on the same type certificate to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101.

In addition to the applicable airworthiness regulations and special conditions, the Robinson Model R66 helicopter must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36.

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.101.

The Robinson Model R66 helicopter would incorporate the following novel or unusual design feature:

A primary FCS that replaces the mechanical cyclic and collective with an FBW FCS. Skyryse applied for a supplemental type certificate for a system with aircraft-agnostic flight automation technology, the SkyOS, in Robinson Model R66 rotorcraft. The flight control inputs from this FBW system will replace the tactical feedback from pushrods with a position calculated by a computer. The SkyOS does not modify the engine, main rotor, tail rotor, or physical travel limits of the flight control surfaces.

The special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. The special conditions are required to address the gap in the regulation that was created by the replacement of mechanical primary flight control with digital controls. Section 27.695 is based on the ability of the pilot to manage control of the rotorcraft with tactile feedback, which does not exist in the proposed FBW design. As such, to provide the same level of safety, these special conditions would require a display of the commanded positions of the primary flight controls and any information regarding the FBW system state of operation.

The special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The FAA issued Notice of Proposed Special Conditions No. 27-26-01-SC for the Robinson Model R66 helicopter, which was published in the Federal Register on April 21, 2026 (91 FR 21268). One commenter stated general disagreement without explanation and without requesting a change to the proposed special conditions.

The special conditions are adopted as proposed.

As discussed above, these special conditions are applicable to the Robinson Model R66 helicopter. Should Skyryse apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. R00015LA to incorporate the same novel or unusual design feature, these special conditions would apply to that model as well.

This action affects only a certain novel or unusual design feature on one helicopter model. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the helicopter.

The authority citation for these special conditions is as follows:

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the Robinson Helicopter Company (Robinson) Model R66 helicopter, as modified by Skyryse.

The flight control system functions, controls, indications, and alerts must be designed to minimize flightcrew errors and confusion concerning operation of the flight control system. This includes any degraded functions required for continued safe flight and landing. Means must be provided to indicate the current mode of operation to the pilot. The controls and indications must be grouped and presented to the pilot in a format that clearly defines the flight control system functions. The displayed information must be visible to the flightcrew under all expected lighting conditions.

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends Class E airspace in Staunton, VA.

The FAA published an NPRM for Docket No. FAA-2026-6370 in the Federal Register (91 FR 36549; June 17, 2026), proposing to amend Class E airspace in Staunton, VA. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the latest version of that order, FAA Order JO 7400.11K, dated August 4, 2025, and effective September 15, 2025. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points, is publicly available as listed in the ADDRESSES section of this document.

This action amends 14 CFR part 71 by modifying Class E airspace over Staunton, VA. New special instrument approach procedures have been developed for Bridgewater Air Park, Bridgewater, VA. These new procedures include a new RNAV (GPS) approach to runway 15 at Bridgewater Air Park. A modification to the portion of the Staunton, VA Class E5 airspace serving Bridgewater Air Park is necessary to appropriately contain IFR operations at Bridgewater Air Park. This modification expands that portion of the Staunton, VA Class E5 airspace extending to the northwest of Bridgewater Air Park from “within 1.5 miles either side of the 338° bearing from the airport extending from the 8.3-mile radius to 10 miles northwest of the airport” to “within 3.2 miles each side of the 329° bearing from the airport extending from the 8.3-mile radius to 15.2 miles northwest of the airport.” This modification expands the Class E airspace to encompass IFR operations for both the new RNAV runway 15 approach and the existing RNAV runway 15 approach, which remains in service. This action also updates the geographic coordinates in the Staunton, VA Class E5 airspace legal description for Bridgewater Air Park from (Lat. 38°22′00″ N, long. 78°57′37″ W) to (Lat. 38°21′55″ N, long. 78°57′32″ W), which is five seconds of latitude and five seconds of longitude.

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1G, “FAA National Environmental Policy Act Implementing Procedures” paragraph B-2.5(a). This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant the preparation of an environmental assessment.

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

The Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 et seq. ) (CPIA), which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (823 U.N.T.S. 231 (1972)) (the Convention), allows for the conclusion of an agreement between the United States and another party to the Convention to impose import restrictions on eligible archaeological and ethnological material. Pursuant to the CPIA, the United States entered into a bilateral agreement with the Federal Democratic Republic of Nepal (Nepal) to impose import restrictions on categories of archaeological and ethnological material of Nepal. This rule announces that the United States is now imposing import restrictions on categories of archaeological and ethnological material of Nepal through January 8, 2031. This period may be extended for additional periods, each extension not to exceed five years, if it is determined that the factors justifying the initial agreement still pertain and no cause for suspension of the agreement exists (19 U.S.C. 2602(e); § 12.104g(a) of title 19 of the Code of Federal Regulations (19 CFR 12.104g(a))).

Under 19 U.S.C. 2602(a)(1), the United States must make certain determinations before entering into an agreement to impose import restrictions under 19 U.S.C. 2602(a)(2). On January 24, 2024, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, after consultation with and recommendation by the Cultural Property Advisory Committee, made the determinations required under the statute with respect to categories of archaeological and ethnological material originating in Nepal that is described in the Designated List set forth below in this document.

These determinations include the following: (1) that the cultural patrimony of Nepal is in jeopardy from the pillage of archaeological material representing Nepal's cultural heritage dating from approximately 32,000 B.C.E. to 1770 C.E., and ethnological material dating from approximately the 13th century C.E. to 1950 C.E. (19 U.S.C. 2602(a)(1)(A)); (2) that the government of Nepal has taken measures consistent with the Convention to protect its cultural patrimony (19 U.S.C. 2602(a)(1)(B)); (3) that import restrictions imposed by the United States would be of substantial benefit in deterring a serious situation of pillage and remedies less drastic are not available (19 U.S.C. 2602(a)(1)(C)); and (4) that the application of import restrictions as set forth in this final rule is consistent with the general interests of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes (19 U.S.C. 2602(a)(1)(D)). The Assistant Secretary also found that the material described in the determinations meets the statutory definition of “archaeological or ethnological material of the State Party” (19 U.S.C. 2601(2)).

On January 8, 2026, the United States and Nepal entered into a bilateral agreement, “Agreement between the Government of the United States of America and the Government of Nepal Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Nepal” (Agreement), pursuant to the provisions of 19 U.S.C. 2602(a)(2). The Agreement entered into force upon signature and enables the promulgation of import restrictions on certain archaeological material ranging in date from approximately 32,000 B.C.E. to 1770 C.E., as well as certain ethnological material dating from approximately the 13th century C.E. to 1950 C.E. A list of the categories of archaeological and ethnological material subject to the import restrictions is set forth later in this document.

In accordance with the Agreement, importation of material designated below is subject to the restrictions of 19 U.S.C. 2606 and 19 CFR 12.104g(a) and will be restricted from entry into the United States unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. CBP is amending 19 CFR 12.104g(a) to indicate that these import restrictions have been imposed.

Import restrictions listed at 19 CFR 12.104g(a) are effective for no more than five years beginning on the date on which an agreement enters into force with respect to the United States. This period may be extended for additional periods of not more than five years if it is determined that the factors which justified the agreement still pertain and no cause for suspension of the agreement exists. Therefore, the import restrictions will expire on January 8, 2031, unless extended.

The Agreement between the United States and Nepal includes, but is not limited to, the categories of objects described in the Designated List set forth below.

The archaeological material in the Designated List ranges in date from 32,000 B.C.E., through 1770 C.E. The ethnological material in the Designated List includes religious architectural elements; religious material and ceremonial items; and manuscripts from the 13th century C.E. through 1950 C.E. The list set forth below is representative only. Any dates and dimensions are approximate.

1. Architectural elements—Primarily in sandstone, limestone, marble, soapstone, granite, slate, or schist, but includes other types of stone. Category includes, but is not limited to, decorative arches; columns, including capitals and bases; finials and spires; pillars, including capitals and bases; and elements of tombs. Elements may be plain, carved in relief, incised, inlaid, or inscribed in various languages and scripts, such as Devanagari, Newar, Tibetan, Sanskrit, Brahmi, Maithili, Khas Kura; may be polished, painted or colored, and/or gilded. Stones bearing inscriptions may be part of architectural features. Architectural elements may include relief sculptures, mosaics, and inlays that were part of a building, such as friezes and panels. May include depictions of floral, vegetal, animal, geometric, human, mandalas, and mythological motifs and scenes from Hindu and Buddhist religious traditions. Approximate Date: 1-1770 C.E. Distinctive elements include:

a. Stone drinking fountain heads ( dhunge dharas or hitis )—Usually long in shape and tapering to a spout. Often intricately carved with mythical animal motifs, including crocodiles, sea creatures, elephants, boars, serpents, and peacocks. (Lichchavi and Malla periods.)

b. Tympanums ( toranas )—Semi-circular decorative panels above doorways and windows. Often featuring a central deity or mythological figure surrounded by carved human and/or animal figures and geometric, curving, and floral motifs.

2. Non-architectural elements—Primarily in sandstone, limestone, marble, soapstone, granite, slate, or schist, but includes other types of stone. Types include, but are not limited to, altars; bases; free-standing pillars; linga (a short cylindrical pillar representing the Hindu deity Shiva) and yoni (a platform topped by a flat disc representing the linga's counterpart); memorial stones; plaques; rock edicts, whole or in fragments; decorated or inscribed slabs; and stelae and their bases. Elements may be plain, carved in relief, incised, inlaid, or inscribed in various languages and scripts; may be polished, painted, and/or gilded. Stones bearing inscriptions may be standalone. Decorative elements may include geometric, floral, and/or vegetal motifs, as well as animals, mandalas, mythological and/or human figures in various poses from secular or Buddhist and Hindu religious traditions. Approximate Date: 1-1770 C.E.

3. Statuary—Primarily in sandstone, limestone, marble, or granite, but includes other types of stone. Stone statuary can come in a variety of sizes and include seated, standing, reclining, crouching, amorous, fighting, and/or dancing human, animal, and/or mythological figures and geometric, floral, and/or vegetal motifs, as well as figures from Buddhist and Hindu religious traditions. May be polished, painted, and/or gilded, and may bear inscriptions in various languages and scripts. Includes roundels; freestanding larger pieces, such as door guardians; freestanding or semi-attached altarpieces in a variety of sizes featuring Buddhist and Hindu deities and saints, the Buddha, devotees, and bodhisattvas adorned in usually form-fitting clothing, jewelry, and headpieces, and making stylized hand gestures. May include accompanying animal and floral elements, as well as tantric iconography. Approximate Date: 1-1770 C.E.

4. Tools and implements—Primarily in chert, shale, sandstone, limestone, slate, or schist, but includes other types of stone. Types include, but are not limited to, adzes, choppers, scrapers, hammerstones, celts, grinding stones, handaxes, blades, flakes, points, projectiles, and other prehistoric macrolithics. Also includes stone weights and decorated handles and hilts which may be inscribed, inlaid, or plain. Approximate Date: 32,000 B.C.E.-1770 C.E.

5. Beads, jewelry, and gems—Primarily in turquoise, carnelian, coral, jade, and precious and semi-precious gemstones, but includes other types of stone. Includes jewelry and beads associated with religious contexts, including adornments for royalty and their retinue, historical religious leaders and saints, icons and idols, and reliquaries, as well as inlaid or embedded within architectural features. Beads may be carved, cut, drilled, ground, etched, fired, glazed, painted and/or polished. Beads may be in animal, conical, cylindrical, disc, faceted, spherical, teardrop, and other shapes. May bear geometric designs, images, and/or inscriptions in various languages and scripts. Includes amulets, anklets, bracelets, bangles, pectorals, pendants, rings, and other types. Approximate Date: 2500 B.C.E.-1770 C.E.

1. Statuary and non-architectural elements—Includes small- and large-scale statuary in ceramic, faience, and terracotta. Includes, but is not limited to, auspicious emblems, cart frames or wheels, figurines, masks, model stupas, plaques, reliefs, and roundels. Includes bases, plinths, or stands. May be associated with religious or spiritual activity, decoration, commemoration, or games. May depict scenes of animals, deities, humans, or mythological figures, monuments, mandalas, or vegetation. Figurines may be hollow and/or molded and depict gods and human figures, animals (such as humped bulls, elephants, lions, horses, cows, buffalos), and foliage. May be painted or have traces of paint or pigment, as well as stamped, incised, or inscribed in various languages and scripts. Forms may be stylized or naturalized. Approximate Date: 200-1770 C.E.

2. Architectural elements—Primarily in terracotta. Includes, but is not limited to, bricks, panels, tiles, and other elements used as functional or decorative elements in buildings or flooring. Bricks may be cut, carved, or molded to form decorative patterns on building exteriors. Panels and tiles may be painted, plastered, stuccoed, have traces of paint or plaster, and/or inscribed in various languages and scripts. Tiles may bear carved, incised, impressed, or molded decoration in the form of animals, humans, geometric, floral, vegetal, and/or mythological motifs. Approximate Date: 200-1770 C.E.

3. Vessels and containers—Includes, but is not limited to, utilitarian vessels, fine tableware, lamps, and special-purpose vessels for religious or ceremonial use. Approximate Date: 2500 B.C.E.-1770 C.E.

a. Chalcolithic vessel types—Include cord-marked, red ware, pale red ware, black-slipped ware, black-red ware, or northern black-polished ware. Most vessels are wheel-thrown but can also be handmade. Forms include plates ( thalis ), bowls ( katoras ), cooking vessels ( handi ), cups ( pyalas ), lids ( dhakkans ), miniature pots ( katiyas ), small vases, basins, and storage jars ( matakas ). Approximate Date: 2500-1200 B.C.E.

b. Early Historic Period vessel types—Include cord-marked, red ware, black-slipped ware, black-red ware, or northern black-polished ware. Most vessels are wheel-thrown but can also be handmade. Forms include previously listed as well as closed mouth vessels, and globular jars. Decorations include, but are not limited to, incisions, cross-hatching, stamping, red or black slips, punctations, or simple appliques. Approximate Date: 1200 B.C.E.-200 C.E.

c. Historic Period vessel types—include red ware, yellowish ware, red-slipped ware, light-red ware, red-polished ware, black ware, and brown-slipped ware. Vessels may be wheel-made, molded, or handmade. Forms include previously listed as well as small upright jars, oil lamps, stands, and dabbers. Decorations include, but are not limited to, incisions, cross-hatching, stamping, slips, punctations, or simple appliques. Approximate Date: 200-11th century C.E.

d. Medieval Period ceramic types include previously listed wares in addition to fine wares. Vessels may be wheel-made, molded, or handmade. Forms include previously listed as well as saucers and specialty pieces. Decorations include, but are not limited to, intricate designs and glazing techniques, incisions, cross-hatching, punctuations. May be inscribed in various languages and scripts. Approximate Date: 11th century-1770 C.E.

Includes copper, iron, gold, silver, lead, tin, zinc; alloys such as bronze, brass, pewter, and steel; and can include an amalgamation of different metals. Approximate Date: 2500 B.C.E.-1770 C.E. (unless specifically indicated otherwise).

1. Statuary, ornaments, and other decorated objects—Includes, but is not limited to, finials; free-standing and supported statuary; oil lamps; reliefs or incised plaques or roundels; stands; votive ornaments; and other ornaments. Statuary may depict humans; animals; deities and saints from Buddhist and Hindu religious traditions; anthropomorphic and/or mythological figures; mandalas; and architectural or monumental forms, such as stupas. Statuary may take naturalized or stylized forms and may be depicted seated, standing, dancing, and/or with other figures and symbolic imagery. Includes bases or plinths. Statuary may feature figures with curved, voluptuous forms or slender, long limbs. Decorative techniques for statuary, ornaments, and other decorated objects include embossing, gilding, engraving, painting, repoussé (relief hammering), and/or inlaying with other materials. Decorative elements may include floral, geometric, and/or vegetal motifs, and/or inscriptions in various languages and scripts.

2. Jewelry and personal adornments—Types include, but are not limited to, amulets and amulet boxes, anklets, armbands, bangles, beads, bracelets, belts, brooches, buckles, chains, collars, crowns, scepters, and other royal regalia, earrings, hair ornaments, headdress, masks, medallions, necklaces, pectoral ornaments, and pendants. Includes metal ornaments, appliqués, clasps, and ornaments once attached to textiles or leather objects. May be decorated by chasing (embossing), enameling, engraving, filigree, gilding, granulation, inlaying, painting, and/or repoussé (relief hammering). Decoration and designs may portray deities and religious imagery from Hindu and Buddhist traditions, animals, human figures, astrological symbols, or tantric symbolism, as well as geometric, floral, or vegetal motifs. May include inlays of bone, other metals, precious stones, or semi-precious stones, including diamonds, topaz, emeralds, rubies, sapphire, pearl, aquamarine, lapis lazuli, turquoise, and coral.

3. Weapons—Includes, but is not limited to, kukuris (short swords with curved blades that widen towards the tip), koras (long swords with curved blades with flared tips), axes, spears and javelins, ramdaos (short chopping knives used in ritual ceremonies), sickles, dhanush baan (ornamented curved bows, may also include non-metal materials), shields, and katars (short daggers with triangular blades and split hilts), and their accompanying sheaths, hilts, pommels, and cross guards. Some weapons may be highly decorative and incorporate inlays of other types of metal, precious stones, or semi-precious stones in the sheaths and hilts. Some weapons, hilts, and sheaths may be engraved or embossed with inscriptions in various languages and scripts, geometric, floral, religious, and/or vegetal motifs. May also be gilded, polished, burnished, painted, or filigreed, and incorporate non-metal materials.

4. Coins—Coins minted in or commonly circulating in Nepal over past millennia come in a variety of sizes and denominations. Coins may be circular, oval, square, or polygonal in shape. May be punch-marked, hammered, cast, molded, and/or gilded. Coins may include designs on one or both sides, including edges. Designs may include portraits of Buddhist and Hindu religious figures or ruling figures, religious symbols, crests, and animal, floral, architectural, geometric, and/or vegetal motifs, and/or may be inscribed in various languages and scripts.

a. Early Historic Period types include punch-marked coins and may include depictions of human figures and deities, as well as natural, animal, floral, and/or geometric motifs. Approximate Date: 1200 B.C.E.-200 C.E.

b. Historic Period types include Lichchavi coins with portraits, depictions of deities, inscriptions, and human figures. Approximate Date: 200-11th century C.E.

c. Medieval Period types include silver and gold circular and square mohars and copper dams, and may include emblems, inscriptions, and crests featuring religious and mythological icons as well as geometric, floral, and vegetal motifs. Often with decorative borders and with a central trident icon. Approximate Date: 11th century-1770 C.E.

5. Tools and implements—Types include, but are not limited to, adzes, arrowheads, bells, blades, celts, chisels, drills, goads, hoes, hooks, keys, knives, mirrors and mirror handles, nails, pickaxes, rakes, rods, saws, scale weights, scythes, shears, shovelheads, staffs, and tools of craftspeople such as carpenters, masons, and metalsmiths, among others. Includes musical instruments.

6. Containers and vessels—Types include, but are not limited to, conventional shapes such as basins, bottles, bowls, boxes, canisters, cauldrons, chalices, cups, dishes, ewers, flasks, incense burners, jars, jugs, lamps, pans, plates, platters, prayer boxes, pots, rosewater sprinklers, saucepans, stands, utensils, and reliquaries and their contents. Some reliquaries may take the form of a stupa or other religious designs. Metal containers may have been decorated by chasing (embossing), engraving, gilding, inlaying, painting, punching, and/or repoussé (relief hammering). Designs include inscriptions in various languages and scripts, geometric, filigree, floral, vegetal, and animal motifs, and portrait busts or scenes of human figures and deities. Some containers and vessels, such as reliquaries, may be inlaid with precious or semi-precious stones, as well as metals such as gold and silver.

Includes, but is not limited to ceiling decoration; friezes; figurines; wall decorations; murals; and other architectural and non-architectural decoration or sculpture. May be painted or bear traces of paint or glaze; gilded; inlaid with stones, glass, or other materials; and/or inscribed in various languages and scripts. Stucco was usually used for panels and exteriors and may have been made with molds. Unfired clay may comprise figural sculpture, such as Buddhas, bodhisattvas, or goddesses. Approximate Date: 200-1770 C.E.

Includes paintings, murals, and wall paintings, and fragments on natural stones, cave walls, building walls and ceilings, and portable media, such as paper, cloth, canvas, leather, and others. Approximate Date: 200-1770 C.E. Distinctive types include:

1. Thangkas —Buddhist paintings on cotton or silk depicting Buddhist deities, saints, demons, mandalas, or composite scenes. Thangkas can be mounted when hung for display. Usually consist of many small figures surrounding one or more central scenes or deities, primarily depicting religious scenes and often colorful. May include text or inscriptions in various scripts and languages, such as Devanagari, Newar, Tibetan, Sanskrit, Brahmi, Maithili, Khas Kura. May include elements in metal, wood, or other materials.

2. Paubhas —Traditional religious paintings on cloth that depict deities, saints, mandalas, significant monuments, or composite scenes. May display images from Hindu or Buddhist religious traditions.

1. Panels and plaques—Includes decorated and engraved panels and plaques featuring low- and high-relief carvings. May include imagery of humans and human activities, deities, animals, mythological creatures, monuments, as well as floral, geometric, architectural, and/or vegetal motifs. May be gilded and/or painted or bear traces of paint or pigment. Includes elements with ivory and/or bone inlay or finishing. Approximate Date: 200-1770 C.E.

2. Statuary—Includes depictions of deities or religious figures, animals, vehicles or implements, humans, and mythological creatures. Designs may include geometric, floral, and/or vegetal decorative elements. Includes inlays, finishing, or bases for statuary in other materials. Approximate Date: 200-1770 C.E.

3. Containers, tools, and other implements—Includes, but is not limited to, bowls; boxes; buckles; buttons; game dice and other game pieces; hooks; jewelry caskets; mirrors and mirror handles; musical instruments; needles; points; reliquaries; and other types made of ivory or bone or having ivory and/or bone inlay or finishing. May be incised, gilded, and/or painted with decorative motifs, inlaid with other materials, carved in relief, and/or inscribed in various languages and scripts. Approximate Date: 200-1770 C.E.

4. Jewelry and ornaments—Types include, but are not limited to, bangles; beads; buckles; chains; combs; hair ornaments; pendants; pins; rings, and other types made of ivory and bone or having ivory and/or bone inlay or finishing. Includes works that are gilded, painted, or combined with other materials. Approximate Date: 1200 B.C.E.-1770 C.E.

1. Architectural elements—Includes mosaics, panes, stained glass, and tiles with various colors and designs, including geometric, floral, mythological, and/or vegetal motifs on architectural surfaces or in windows. Includes secular and religious imagery. Includes glass inlay used in architectural elements. Glass may be mirrored or stained. Approximate Date: 200-1770 C.E.

2. Beads and jewelry—Includes beads in the form of animals, cylinders, cones, discs, spheres, and other shapes. Decorations may include bevels, incisions, and/or raised decoration. Glass beads may be used to adorn clothing, jewelry, ornaments, idols, or other figures. Includes glass inlay used in other types of beads, jewelry, and decorated items. Includes beads with silver-plated caps, enamel, and other materials. Approximate Date: 2500 B.C.E.-1770 C.E.

3. Ornaments—Includes glass bangles, mirrors, and figurines. May have molded and/or inlaid decorations including, but not limited to, animals, deities, humans, geometric, floral, and vegetal motifs. Approximate Date: 200-1770 C.E.

1. Books and manuscripts—Includes scrolls, sheets, bound volumes and their bindings, playing cards and other small items, as well as fragments and portions. May be inscribed on materials such as, but not limited to, birch bark; handmade paper, cloth or fabric; palm-leaf; and parchment. May be gathered into bindings, albums, and folios composed of leather, wood, cloth, paper, and/or paste or pulp board. May use ink, paint, and/or metals (gold and silver). Bindings may be decorated with paint, lacquer, and/or inlay; may be gilded, engraved, tooled, impressed, inscribed, and/or stamped. May have monochrome, bichrome, polychrome, and/or gold handmade decorations, decoupage and stenciled motifs, illustrations, and/or hand-made illuminations, such as decorative borders, margins, frames, medallions, cartouches, frontispieces or headpieces, paintings, panels, or scientific diagrams. Decorative elements include geometric, floral, mythological, and/or vegetal motifs. Illustrations and illuminations may depict animals, plants, human figures, deities and saints, religious iconography, and portraiture of historical, religious, and mythical figures; landscapes and architectural scenes; and/or scenes of human activities, such as royal proceedings, religious ceremonies, hunting, battles, and historical, religious, mythological, or legendary scenes. Includes secular and religious texts. Texts may be written in various scripts, calligraphies, and languages. Approximate Date: 200-1770 C.E.

2. Birch bark containers. Approximate Date: 1200 B.C.E.-1770 C.E.

3. Items of personal adornment—Primarily in leather, including arm bands, bracelets, earrings, necklaces, and other types of jewelry; belts; headpieces; sandals; sheaths; shoes; vests; and other types of clothing. May be embroidered, stamped, or embellished with other materials. Leather goods may also be combined with other textile elements. Approximate Date: 2500 B.C.E.-1770 C.E.

4. Weapons and armor—Primarily in leather, including armor; bow cases; quivers; saddles; sheaths; and ornaments for humans, cavalry animals, and domesticated animals. Approximate Date: 200-1770 C.E.

5. Coins—Includes leather Lichchavi coins. Approximate Date: 400-900 C.E.

1. Architectural elements—Wooden elements primarily in sal, rosewood, champak, cedar. teak, beechwood, laurel, walnut, blackwood, and mahogany, but includes other types of wood. Category includes, but is not limited to, arches; balconies; balustrades; beams; columns; friezes; gates; ornamental freestanding archways or gateways; panels; partitions; posts; or fragments of architectural objects. Architectural elements may be plain; painted; carved, including with reliefs; incised; inlaid; lacquered; and/or inscribed in various languages and scripts. Decorative elements may include depictions or motifs from secular as well as religious traditions, including deities and religious figures, animals, human figures, mythological forms, vegetation, and stylized and/or geometric designs. Approximate Date: 2500 B.C.E.-1770 C.E. Distinctive elements include:

a. Tympanums ( toranas )—Semi-circular decorative carved panels placed above and around doorways and windows. Often feature a central deity or mythological figure surrounded by other carved human and/or animal figures and geometric, curving, and floral motifs.

b. Windows, window screens, and lattices—Includes carved lattices placed over windows, as well as intricately carved lintels, jambs, sills, and frames. Often feature geometric designs.

c. Struts ( tudal )—Intricately carved long posts that often act as supports in temples. Often carved with religious motifs, deities, human devotees, and erotic art along with floral, vegetal, geometric, and symbolic ornamentation.

2. Non-architectural elements—Wooden elements primarily in sal, rosewood, champak, cedar, teak, beechwood, laurel, walnut, blackwood, and mahogany, but including other types of wood. Category includes, but is not limited to, bookstands; bows; arrows; bedframes and platforms; saddle frames; stands; boxes; chests; furniture; musical instruments; and vessels and containers. May include relief carvings and/or inlay. Approximate Date: 2500 B.C.E.-1770 C.E.

3. Vessels—Made of shell or set with mother-of-pearl panels; may include, but are not limited to, bowls; boxes; fiber baskets; bamboo cups; libation vessels; plates; trays; utensils. Decorative elements may include depictions or motifs from secular as well as religious traditions, including animals, human figures, deities, mythological forms, vegetation, and stylized and/or geometric designs. Non-architectural elements may be plain, painted, carved, incised, inlaid, lacquered, and/or inscribed in various languages and scripts. Approximate Date: 2500 B.C.E.-1770 C.E.

4. Book and manuscript covers—Often painted or inked with scenes from religious and literary traditions and dramas on the reverse. Book covers are often long and narrow. Buddhist iconography includes depictions of deities surrounded by large halos. Hindu iconography includes depictions of deities often accompanied by standing or kneeling attendants or animals, as well as human figures and stylized floral motifs. Common colors include bright red, dark blue, green, and gold. Some book covers may be carved in miniature on the obverse, painted, and/or gilded. Manuscript covers can be either single or in a pair. Approximate Date: 200-1770 C.E.

5. Statuary and figurines—Can be of wood, ivory, shell, tusk, mother-of-pearl, pearl, and other organic materials. Examples may include stylized and/or naturalistic depictions of human, animal, hybrid, mythological, abstract, and/or vegetal motifs from secular as well as Hindu and Buddhist religious traditions. Statuary may be polished, painted, inlaid, gilded, incised, and/or lacquered. Approximate Date: 200-1770 C.E.

6. Ornamentation and implements—Jewelry and other items of personal adornment; masks; and worked conches. Jewelry and ornaments made of shell, mother-of-pearl, pearl, resin, seeds, shells, tusks, and other organic materials may include, but are not limited to: anklets; arm bands; bangles; beads; bracelets; cones; earrings; headpieces and hair ornaments; inlays; necklaces; pendants; rings; studs; and other types. Includes conches that may be carved, inlaid, and/or combined with other materials. Approximate Date: 200-1770 C.E.

Includes human remains and fragments of human remains that have been intentionally modified or are culturally or historically significant. Includes skeletal remains, soft tissue, and ash from the human body that may be preserved in burials, reliquaries, and other contexts. Approximate Date: 32,000 B.C.E.-1770 C.E.

This category consists of non-industrial and/or handmade elements of religious architecture from Buddhist, Hindu, animistic, tantric, and other traditions. May be made of stone, ceramic or terracotta, wood, and/or metal. Approximate Date: 13th century C.E.-1950 C.E.

1. Stone—Primarily in sandstone, limestone, marble, soapstone, granite, slate, and schist, but includes other types of stone. Includes altars, arches, balustrades, benches, bricks and blocks from walls, ceilings, and floors; columns, including capitals and bases; disks, including amalakas (segmented or ridged stone discs found atop Hindu temples, usually under a finial) and chattras (stone discs found atop Buddhist stupas); door frames, portals, and jambs; finials and spires; fountains and fountainheads; friezes; gates and freestanding archways; lintels; mosaics; panels; pillars, including capitals and bases; portable shrines and stupas; reliefs; tiles; tombstones; and window screens and lattices. May be plain, carved in relief, incised, inlaid, and/or inscribed in various languages and scripts. May be painted, polished, and/or gilded. Designs include depictions of animal, human, religious, floral, vegetal, geometric, and/or mythological motifs. Includes inscriptions.

2. Ceramic and terracotta—Includes terracotta bricks, panels, reliefs, tiles, and other elements used as elements in religious architecture. Bricks may be cut or molded to form decorative patterns on building exteriors. Mosaic designs include animal, human, religious, geometric, floral, and/or vegetal motifs. Panels and tiles may be painted, plastered, or stuccoed, or have traces of paint or plaster. Tiles may be square, polygonal, or otherwise shaped, and may be carved, incised, impressed, or molded with decorations in the form of animal, human, religious, geometric, floral, and/or vegetal motifs, and/or writing in various scripts and languages. May be glazed. Glaze may be clear, monochrome, and/or polychrome.

3. Wood—Includes hand-carved altars, arches, balconies, balustrades, struts, coffins, bedframes, doors and door frames, friezes, gates, lintels, tympana, ornamental freestanding archways or gateways, panels, partitions, posts, window screens and lattices, portable shrines and stupas, swings, or parts thereof, used as structural elements in and/or to decorate religious architecture. These architectural elements may have been reused for other purposes, such as a wood panel used as a table, or a door jamb used as a bench. May be painted, carved, incised, inlaid, lacquered, and/or inscribed in various languages and scripts. Includes relief carvings and/or inlay.

4. Metal—Includes, but not limited to, finials, reliefs or incised plaques or roundels, affixed sculpture, statues, or idols, as well as other ornaments.

Includes non-industrial and/or handmade moveable objects typically associated with use in religious and ceremonial settings. Includes, but is not limited to, objects from Hindu and religious practices, as well as animistic and/or tantric practices. Primarily in stone, metal, ceramic, wood, bone, textiles, leather, and other organic materials. Approximate Date: 13th century C.E.-1950 C.E.

1. Statuary, sculpture, and ceremonial objects—Includes non-architectural objects used in communal religious and ceremonial settings. Sculpture from Buddhist and Hindu temples or idols used in regular or special religious ceremonies have stylistically distinct facial features, exaggerated postures, and high degrees of ornamentation. Primarily in stone, metal (especially copper, bronze, and brass), wood, ceramic, papier-mâché, cloth, bone, and ivory. Types include, but are not limited to, idols, figurines, altars, amulets, bells (freestanding and affixed), biers, bookstands, canopies, lecterns, prayer beads, conches, palanquins and processional chariots, prayer wheels, mani stones, plaques, portable shrines, crowns, vajras, priest masks for ceremonial or ritual use, screens, and stelae. Statuary may depict humans; animals; deities and saints from Buddhist and Hindu religious traditions; anthropomorphic and/or mythological figures; mandalas; and architectural or monumental figures, such as stupas. May be polished, gilded, carved in relief, painted, incised, inlaid, and/or inscribed in various languages and scripts. Decorative elements may include floral, geometric, and/or vegetal motifs, as well as animal, mythological, divine, religious, architectural, and/or human figures in various poses.

2. Paintings ( thangkas and paubas )—Used for both Hindu and Buddhist religious practice and made by different ethnic and religious groups across Nepal. Typically ornate, detailed, and colorful.

a. Thangkas —Buddhist paintings on cotton or silk depicting Buddhist deities, saints, demons, mandalas, or composite scenes. Thangkas can be mounted when hung for display. Usually consist of many small figures surrounding one or more central scenes or deities, primarily depicting religious scenes and often colorful. May include text or inscriptions in various scripts and languages, such as Devanagari, Newar, Tibetan, Sanskrit, Brahmi, Maithili, Khas Kura. May include elements in metal, wood, or other materials.

b. Paubhas —Traditional religious paintings on cloth that depict deities, saints, mandalas, significant monuments, or composite scenes. May display images from Hindu or Buddhist religious traditions.

3. Vessels and containers—Includes vessels and containers of particular significance used in communal religious and ceremonial settings and made in stone, metal (especially silver, iron, copper, bronze, steel, brass, and other alloys), ceramic, wood, bone, ivory, leather, papier-mâché, and other materials. Types include, but are not limited to, amulet boxes and other boxes, bowls, particularly singing bowls, urns, ceremonial trays or plates, ritual flasks and jars, incense burners and braziers, prayer lamps, and scroll, book, or manuscript containers. May be polished, gilded, painted, incised, inlaid, covered in cloth or other materials, and/or inscribed in various languages and scripts. Decorative elements may include floral, geometric, and/or vegetal motifs, as well as animal, mythological, divine, architectural, and/or human figures in various poses.

4. Textiles—Includes textiles used for religious and ceremonial purposes, primarily in cotton, silk, flax, wool, and linen. Types include, but are not limited to, banners, covers for notable sacred texts, parasols, sacred garments and vestments for religious idols or icons, garments for priests or priestesses. May be dyed, stamped, painted, quilted, and/or embroidered, including embroidery with metal threads (gold and/or silver) or ribbons, mirrors, and/or gems. Decorative elements may include floral, geometric, symbolic, and/or vegetal motifs, as well as animal, mythological, divine, architectural, and/or human figures in various poses. May be inscribed in various languages and scripts.

5. Jewelry—Includes jewelry and ornaments used in communal religious or ceremonial functions or settings. Primarily in metal, wood, ceramic, leather, bone, ivory, glass, and other organic material. Types include, but are not limited to, hair pieces and ornaments, headpieces, arm bands, necklaces, pendants, rings, earrings, bracelets, and bangles for decorating religious figures or icons. May be polished, gilded, carved, painted, incised, inlaid, and/or inscribed in various languages and scripts. Decorative elements may include floral, geometric, and/or vegetal motifs, as well as animal, mythological, divine, architectural, and/or human figures in various poses.

6. Burial objects and remains—Includes funerary headstones and monuments, shrouds, reliquaries and their contents, tombs and their contents, as well as any and all objects interred alongside a burial.

Includes non-industrial and/or handmade, handwritten, hand-illustrated, and illuminated scrolls, sheets, and bound volumes. Includes fragments. Types include original royal court or government documents, original folios, treatises, or musical scores, including illustrations that may be unbound, and sacred texts. May be made from or on various media, such as paper, palm-leaf, parchment, vellum, birchbark, cotton, silk, or cloth. May be bound in leather, cloth, metal, and/or wood. Texts may be written in various languages and scripts, such as Sanskrit, Newari, Hindi, Nepali, Ranjana, Devanagari, and/or a mix, such as Sanskrit-Newari, Sanskrit-Hindi, and Sanskrit-Nepali. May include sacred texts from Hinduism and Buddhism. Other topics include, but are not limited to, poetry, medicine, astronomy, grammar. Includes prosodic works and handbooks. May be embellished or decorated with monochrome, bichrome, or polychrome handmade illustrations and/or illuminations. These may include geometric, floral, or vegetal motifs; images of animals, plants, deities, and humans, including portraiture; landscapes; and/or scenes of human activities, such as royal proceedings, religious ceremonies, hunting, battles, and historical, religious, mythological, or legendary events or scenes. Approximate Date: 13th century C.E.-1950 C.E.

This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3).

Executive Order 12866 (Regulatory Planning and Review) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 because it pertains to a foreign affairs function of the United States, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866.

The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of a proposed rule on small entities ( i.e., small businesses, small organizations, and small governmental jurisdictions) when the agency is required to publish a general notice of proposed rulemaking for a rule. Since a general notice of proposed rulemaking is not necessary for this rule, CBP is not required to prepare a regulatory flexibility analysis for this rule.

In accordance with Treasury Order 100-20, the Secretary of the Treasury has delegated to the Secretary of Homeland Security the authority related to the customs revenue functions vested in the Secretary of the Treasury as set forth in 6 U.S.C. 212 and 215, subject to certain exceptions. This regulation is being issued in accordance with Department of Homeland Security Delegation 07010.3, Revision 03.2, which delegates to the Commissioner of CBP the authority to prescribe and approve regulations related to cultural property import restrictions.

Rodney S. Scott, Commissioner, having reviewed and approved this document, has delegated the authority to electronically sign this document to Susan S. Thomas, the Executive Assistant Commissioner, Office of Trade, for purposes of publication in the Federal Register .

For the reasons set forth above, part 12 of title 19 of the Code of Federal Regulations (19 CFR part 12), is amended as set forth below:

We are announcing the availability of a guidance for industry entitled “Guide to Minimize Biological Hazards in Ready-to-Eat Fresh-Cut Produce.” We are issuing this guidance consistent with our good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on this topic. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

In the Federal Register of October 22, 2018 (83 FR 53197), we made available a draft guidance for industry entitled “Guide to Minimize Food Safety Hazards of Fresh-Cut Produce” and gave interested parties an opportunity to submit comments by April 22, 2019, for us to consider before beginning work on a final guidance. We received several comments on the draft guidance and have modified the final guidance where appropriate. Changes to the guidance include clarifying that the guidance applies only to ready-to-eat fresh-cut produce with a water activity above 0.85; adding another example of an antimicrobial substance that can be used as a process control in the production of fresh-cut produce; providing additional examples of a supply chain program to control pathogens in a fresh-cut processing facility; and providing additional recommendations on time/temperature controls. To further improve clarity, we made editorial and organizational changes throughout the guidance. The guidance announced in this notice finalizes the draft guidance dated October 2018. This guidance supersedes a previous guidance, entitled “Guide to Minimize Microbial Food Safety Hazards of Fresh-Cut Fruits and Vegetables,” issued in 2008.

While this guidance contains no collection of information, it does refer to previously approved FDA collections of information. The previously approved collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521). The collections of information in 21 CFR part 117 have been approved under OMB control number 0910-0751.

Persons with access to the internet may obtain the guidance at https://www.fda.gov/FoodGuidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov. Use the FDA website listed in the previous sentence to find the most current version of the guidance.

The Drug Enforcement Administration (DEA) issues a temporary scheduling order  1 (in the form of a temporary amendment) to add O -desmethyltramadol (other names: 3-(2-((dimethylamino)methyl)-1-hydroxycyclohexyl)phenol; O -DSMT; desmetramadol), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, to schedule I under the Controlled Substances Act (CSA).

The CSA provides the Attorney General (as delegated to the Administrator of DEA (Administrator) pursuant to 28 CFR 0.100) with the authority to temporarily place a substance in schedule I of the CSA for two years without regard to the evaluation requirements of 21 U.S.C. 811(b), if he finds that such action is necessary to avoid an imminent hazard to the public safety. 2 In addition, if proceedings to control a substance are initiated under 21 U.S.C. 811(a)(1) while the substance is temporarily controlled under section 811(h), the Attorney General may extend the temporary scheduling for up to one year. 3

Where the necessary findings are made, a substance may be temporarily scheduled if it is not listed in any other schedule under 21 U.S.C. 812, or if there is no exemption or approval in effect for the substance under section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355. 4

The CSA requires the Administrator of DEA (Administrator) to notify the Secretary of Health and Human Services (HHS) of an intent to temporarily place a substance in schedule I of the CSA ( i.e., to issue a temporary scheduling order). 5 By letter dated May 27, 2025, the previous Acting Administrator transmitted the required notice to place O -DSMT in schedule I on a temporary basis to the then-Acting Assistant Secretary for HHS (Assistant Secretary). 6 On June 11, 2025, the previous Acting Assistant Secretary responded to this notice and advised DEA that, based on a review by the Food and Drug Administration (FDA), there were currently no investigational new drug applications (INDs) or approved new drug applications (NDAs) for O -DSMT. The previous Assistant Secretary also stated that HHS had no objection to the temporary placement of O -DSMT in schedule I of the CSA. O -DSMT is not currently listed in any schedule under the CSA.

DEA has taken into consideration the Acting Assistant Secretary's comments as required by 21 U.S.C. 811(h)(4). DEA has found the control of O -DSMT in schedule I on a temporary basis is necessary to avoid an imminent hazard to public safety.

To find that temporarily placing a substance in schedule I of the CSA is necessary to avoid an imminent hazard to the public safety, the Administrator must consider three of the eight factors set forth in 21 U.S.C. 811(c): the substance's history and current pattern of abuse; the scope, duration, and significance of abuse; and what, if any, risk there is to the public health. 7 Consideration of these factors includes any information indicating actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution of O -DSMT. 8

Substances meeting the statutory requirements for temporary scheduling may only be placed in schedule I. 9 Substances in schedule I have high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use of the drug under medical supervision. 10

As required by 21 U.S.C. 811(h)(1)(A), DEA published a notice of intent (NOI) to temporarily schedule O -DSMT in the Federal Register on June 24, 2026. 11 That NOI discussed findings from DEA's Three-factor analysis dated May 2026, which DEA made available on www.regulations.gov.

O -DSMT is a mu-opioid agonist that is being abused for its psychoactive effects. O -DSMT is one of two metabolites produced by liver enzymes following the ingestion of the parent compound tramadol. Tramadol is active as a norepinephrine and serotonergic reuptake inhibitor, in addition to being a weak mu-opioid receptor agonist. O -DSMT is an active metabolite of tramadol with a strong affinity for the mu-opioid receptor and is responsible for the majority of the opioidergic effects following the ingestion of tramadol.

In the United States, since tramadol is only approved as a pill formulation, a user must ingest tramadol orally, thus allowing the drug to be metabolized via the liver, to experience the analgesic effects. In the absence of any approved medical product or identified lawful commercial source of O -DSMT in the United States, understanding the metabolism of tramadol and its opioidergic metabolite O -DSMT has resulted in the clandestine production of O -DSMT. Data has demonstrated that O -DSMT has a significantly higher affinity for opioid receptors ( K i −3.4 nM) than the parent drug tramadol ( K i −2400 nM) and is more potent in producing analgesia. In addition, overdoses and deaths, both internationally and within the United States, have been documented involving O -DSMT. With no approved medical use and limited safety or toxicological information, O -DSMT has emerged in the designer drug market, and the abuse of this substance is a significant public health concern in the United States.

Available data and information for O -DSMT, summarized below, indicate that this substance has a high potential for abuse, no currently accepted medical use in treatment in the United States, 12 and a lack of accepted safety for use under medical supervision. DEA's Three-factor analysis is available in its entirety under “Supporting and Related Material” of the public docket for this action at www.regulations.gov under Docket Number DEA-1641.

As described previously, O -DSMT is a major metabolite of tramadol. O-Demethylation of the parent drug tramadol results in the formation of O -DSMT, which is primarily catalyzed by the cytochrome P450 liver enzyme 2D6 (CYP2D6). Individuals of various backgrounds have been identified as either ultrarapid metabolizers, normal metabolizers, intermediate metabolizers, or poor metabolizers of tramadol based upon genotyping of CYP2D6. The current Clinical Pharmacogenetics Implementation Consortium guidelines recommend avoiding tramadol in CYP2D6 ultrarapid metabolizers (due to possible toxicity from increased formation of O -DSMT) and CYP2D6 poor metabolizers (due to possible lack of efficacy from decreased formation of O -DSMT). Ultrarapid metabolizers have approximately 40 percent greater serum concentration of O -DSMT and subsequently experience a stronger opioid response compared with poor metabolizers.

O -DSMT has been encountered in various forms, including as a solid powder, pressed into pills or tablets, in a capsule, as a semi-solid paste/slurry, and in liquid formulations. Direct ingestion of O -DSMT avoids the need for metabolic activation via liver enzymes, resulting in a compound that is pharmacologically active at the mu-opioid receptor. Injection or insufflation by drug abusers of tramadol would be devoid of most immediate opioid activity due to the parent compound having little affinity for the opioid receptors. As further described in Factor 5, drug seizures have demonstrated O -DSMT both alone and in combination with multiple other drugs. In a randomized, double-blind, placebo and active comparator-controlled trial, the pharmacokinetics and analgesic properties of O -DSMT, as compared to tramadol, in 103 healthy participants were investigated. The study also investigated CYP2D6 inhibition on the ability of both tramadol and O -DSMT to influence analgesia. The results showed that 20 mg of O -DSMT was equivalent in its analgesic potency as compared to 50 mg of tramadol following chronic dosing at steady state, whereby both were significantly greater than placebo ( see Three-Factor analysis).

With the first encounters appearing in 2011, law enforcement continues to report seizures of O -DSMT. The threat of serious injury to the individual and the imminent threat to public safety following the ingestion of O -DSMT persists. DEA's National Forensic Laboratory Information System (NFLIS)  13 has reported 147 encounters of O -DSMT across 30 states. 14 Because not every forensic laboratory has the capacity to test for O -DSMT, it is likely that these encounters are underreported.

O -DSMT has been encountered in various forms, including as a solid powder, pressed into pills or tablets, in a capsule, as a semi-solid paste/slurry, and in liquid formulations. Among these various reports, O -DSMT has been found as the only drug in a majority of these encounters ( n =118 of 147, 80.2 percent), or mixed with various other substances to include mitragynine (kratom alkaloid), heroin, isopropyl-U-47700 (synthetic opioid), methamphetamine, fentanyl, acetyl fentanyl, 5F-AEB (synthetic cannabinoid), methoxyacetyl fentanyl, N -benzylfuranylfentanyl, 3-OH-PCE (synthetic hallucinogen), tramadol, bromazolam (designer benzodiazepine), para -fluorofentanyl, dipentylone (synthetic cathinone), and/or cocaine, among others. O -DSMT has also been identified in conjunction with other substances, as evidenced by toxicology reports ( see Factor 6). O -DSMT was found to be mixed with the kratom plant as determined by testing of the packaging material and the confirmation of both O -DSMT and mitragynine in toxicology results of individuals.

Public health risks associated with O -DSMT abuse relates to its pharmacological similarities with known opioids such as morphine, oxycodone, and fentanyl. The ingestion of O -DSMT has resulted in serious adverse effects including lung congestion, brain edema, and death. The following four examples discussed briefly below can be found in their entirety in DEA's Three-factor analysis at www.regulations.gov under Docket Number DEA-1641.

In 2009, reports in Sweden described nine deaths due to intoxication with O -DSMT combined with mitragynine and confirmed via forensic autopsies. Occurring between October 2009 and October 2010, ten forensic medical investigations found concomitant use of O -DSMT and mitragynine in the blood of these deceased individuals. It was noted that in nine of these cases, the death was explained by intoxication with O -DSMT. Other substances were identified, but it was stated that these substances were not at toxic levels. Ages of the individuals ranged between 22-35 years old, concentrations of O -DSMT ranged between 0.4 and 4.3 µg/g in blood, and all the individuals died before arriving at a hospital. Deaths for all individuals were noted to be accidental. Additional information in the reports detailed significant lung congestion and edema following use of “Krypton” (a mix of kratom and O -DSMT).

Around the same time as the deaths were reported in Sweden, a group in Germany in 2010 were asked to analyze urine samples for “Krypton” in a former opiate-addicted woman. The woman's clinical picture included miosis, itchiness, agitation, and moderate euphoria following three months of use. Both immunoassays and liquid chromatography-tandem mass spectrometry (LC-MS/MS) were conducted on the samples. Results were negative for tramadol or its metabolites using the immunoassays. LC-MS/MS detected the kratom alkaloids mitragynine, speciociliatine, speciogynine, mitraciliatine, and paynantheine and approximately 9 mg/L O -DSMT, but no tramadol nor N -desmethyltramadol. Once confronted with these results, the woman admitted to having drunk “3-4 infusions of Krypton” during the past week. The researchers ruled out the use of tramadol because both tramadol and N -desmethyltramadol were not detectable. It was concluded that the most likely source of the O -DSMT was the “Krypton” product, containing both kratom alkaloids and O -DSMT.

In 2021 in Portugal, a 25-year-old male was found dead in his room at a boarding house where he lived. He was a chemistry student who, according to relatives, was “trying to find a cure to his illness using chemical products bought by himself.” Drug paraphernalia found at the scene included a spoon, a syringe, and six different plastic bags found with powders inside. It was noted that all six bags were labeled with the supposed name of the compounds. Further testing confirmed that the labels were accurate for each substance, including O -DSMT. His past medical history included schizophrenia and bipolar disorder. In addition, needle puncture marks in the victim's arms, indicative of drug abuse, were noted during autopsy.

In 2021 in Kansas City, Kansas, a 19-year-old male with a history of anxiety and depression was last observed by a roommate lying on his bed and reported to be “snoring and sweaty.” The autopsy did not reveal any significant anatomical abnormalities. Drug evidence at the scene was noted to be labeled as clonazolam, flubromazolam, O -desmethyltramadol ( O -DSMT), and 2-methyl-AP-237. Toxicological analysis of whole blood from autopsy identified the following: 2-methyl AP-237 (379 ng/mL), detla-9 THC (56.8 ng/mL), 11-nor-9-carboxy-delta-9-THC (141 ng/mL), 8-aminoclonazolam (4.6 ng/mL), O -DSMT (10.9 ng/mL), and mitragynine (2.7 ng/mL). 7-Amino clonazepam, diphenhydramine, fluoxetine, norfluoxetine, trazodone, and propranolol were also identified but not quantified.

As noted in Factor 5, counterfeit pills pressed to resemble tramadol may contain O -DSMT either alone or in combination with other substances. Clandestine manufacturers will commonly use legitimate markings when producing counterfeit pills. Should a user ingest a pill marked as tramadol that was surreptitiously produced with O -DSMT, the individual might experience serious adverse effects due to the stronger analgesic potential of O -DSMT as compared to tramadol.

As users obtain these drugs through unknown sources, the identity and purity of these substances is uncertain and inconsistent, thus posing significant adverse health risks to users. O -DSMT is being encountered on the illicit drug market in the United States, has no accepted medical use in the United States, and continues to be available and abused for its psychoactive properties. In summary, O -DSMT has been reported to cause serious adverse effects, including death, following its use.

In accordance with 21 U.S.C. 811(h)(3), based on the available data and information summarized above, the uncontrolled manufacture, distribution, reverse distribution, importation, exportation, conduct of research and chemical analysis, possession, and abuse of O -DSMT poses an imminent hazard to public safety. O -DSMT has not been approved by the FDA and has not been marketed in the United States, and DEA is not aware of any currently accepted medical uses for O -DSMT in the United States. A substance meeting the statutory requirements for temporary scheduling, found in 21 U.S.C. 811(h)(1), may only be placed in schedule I. Substances in schedule I must have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Available data and information for O -DSMT indicate that this substance meets the three statutory criteria.

As required by 21 U.S.C. 811(h)(4), in a letter dated May 27, 2025, the previous Acting Administrator notified the previous Acting Assistant Secretary of DEA's intention to temporarily place O -DSMT in schedule I. In a letter dated June 11, 2025, the previous Acting Assistant Secretary did not object to the temporary placement of O -DSMT in schedule I. DEA subsequently published a NOI in the Federal Register on June 24, 2026. 15

In accordance with 21 U.S.C. 811(h)(1) and (3), the Administrator considered available data and information, herein sets forth the grounds for his determination that it is necessary to temporarily schedule O -DSMT in schedule I of the CSA, and finds that placement of this substance in schedule I is necessary to avoid an imminent hazard to the public's safety.

The temporary placement of O -DSMT in schedule I of the CSA will take effect on the date the order is published in the Federal Register and will remain in effect for two years, with a possible extension of one year, pending completion of the regular (permanent) scheduling process. 16

The CSA sets forth specific criteria for scheduling drugs or other substances. Permanent scheduling actions in accordance with 21 U.S.C. 811(a) are subject to formal rulemaking procedures “on the record after opportunity for a hearing” conducted pursuant to the provisions of 5 U.S.C. 556 and 557. 17 The permanent scheduling process of formal rulemaking affords interested parties appropriate process and the government any additional relevant information needed to make a determination. Final decisions that conclude the permanent scheduling process of formal rulemaking are subject to judicial review. 18 Temporary scheduling orders are not subject to judicial review. 19

Upon the effective date of this temporary order, O -DSMT will be subject to the regulatory controls and administrative, civil, and criminal sanctions applicable to the manufacture, distribution, reverse distribution, importation, exportation, possession of, and engagement in research and conduct of instructional activities or chemical analysis with, schedule I controlled substances, including but not limited to the following:

1. Registration. Any person who handles (possesses, manufactures, distributes, reverse distributes, imports, exports, engages in research, or conducts instructional activities or chemical analysis with) or desires to handle, O -DSMT must be registered with DEA to conduct such activities, pursuant to 21 U.S.C. 822, 823, 957, and 958, and in accordance with 21 CFR parts 1301 and 1312, as of August 12, 2026. Any person who currently handles O -DSMT and is not registered with DEA must submit an application for registration and may not continue to handle O -DSMT as of August 12, 2026, unless DEA has approved that application for registration pursuant to 21 U.S.C. 822, 823, 957, and 958, and in accordance with 21 CFR parts 1301 and 1312.

Notwithstanding the foregoing, pursuant to 21 U.S.C. 822(h), if, on August 12, 2026, a person is conducting research on O -DSMT and is already registered to conduct research with another controlled substance in schedule I, the person may continue to conduct research on O -DSMT if they submit a completed application for registration or modification of existing registration, as applicable, to conduct research with O -DSMT not later than 90 calendar days after August 12, 2026. The person may continue to conduct such research until the person withdraws the application or the Administrator serves on the person an order to show cause proposing denial of the application pursuant to 21 U.S.C. 824(c) and in accordance with 21 CFR 1301.37. If the Administrator serves an order to show cause proposing denial of the application or modification, the person may not continue to conduct research with O -DSMT and may not receive or otherwise obtain additional O -DSMT. If an order to show cause is served and the person requests a hearing in accordance with 21 CFR 1301.37(d), the hearing shall be held in accordance with 21 CFR 1301.41-1301.46 on an expedited basis and not later than 45 calendar days after the request is made, except that the hearing may be held at a later time if so requested by the person. If the person sends a copy of the application to a manufacturer or distributor of O -DSMT, receipt of the copy by the manufacturer or distributor constitutes sufficient evidence that the person is authorized to receive O -DSMT pursuant to 21 U.S.C. 822(h)(4). Continuation of research under 21 U.S.C. 822(h) does not authorize any other handling ( e.g., distribution) of O -DSMT.

Retail sales of schedule I controlled substances to the general public are not allowed under the CSA. Possession of any quantity of O -DSMT in a manner not authorized by the CSA on or after August 12, 2026 is unlawful, and those in possession of any quantity of O -DSMT may be subject to prosecution pursuant to the CSA.

2. Disposal of stocks. Any person who does not desire or is unable to obtain a schedule I registration to handle O -DSMT must surrender all currently held quantities of this substance.

3. Security. O -DSMT is subject to schedule I security requirements and must be handled in accordance with 21 CFR 1301.71-1301.93, as of August 12, 2026.

4. Labeling and Packaging. All labels, labeling, and packaging for commercial containers of O -DSMT must comply with 21 U.S.C. 825 and 958(e) and 21 CFR part 1302. Current DEA registrants will have 30 calendar days from August 12, 2026 to comply with all labeling and packaging requirements.

5. Inventory. Every DEA registrant who possesses any quantity of O -DSMT on the effective date of this order must take an inventory of all stocks of this substance on hand pursuant to 21 U.S.C. 827 and 958, and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11. Current DEA registrants will have 30 calendar days from the effective date of this order to comply with all inventory requirements. After the initial inventory, every DEA registrant must take an inventory of all controlled substances (including O -DSMT) on hand on a biennial basis pursuant to 21 U.S.C. 827 and 958 and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11.

6. Records. All DEA registrants must maintain records with respect to O -DSMT pursuant to 21 U.S.C. 827 and 958(e) and in accordance with 21 CFR parts 1304, 1312, and 1317, and section 1307.11. Current DEA registrants authorized to handle O -DSMT shall have 30 calendar days from the effective date of this order to comply with all recordkeeping requirements.

7. Reports. All DEA registrants must submit reports with respect to O -DSMT pursuant to 21 U.S.C. 827 and in accordance with 21 CFR parts 1304, 1312, and 1317, and sections 1301.74(c) and 1301.76(b), as of August 12, 2026. Manufacturers and distributors must also submit reports regarding O -DSMT to the Automation of Reports and Consolidated Order System pursuant to 21 U.S.C. 827 and in accordance with 21 CFR parts 1304 and 1312.

8. Order Forms. All DEA registrants who distribute O -DSMT must comply with order form requirements pursuant to 21 U.S.C. 828 and in accordance with 21 CFR part 1305 as of August 12, 2026.

9. Importation and Exportation. All importation and exportation of O -DSMT must be in compliance with 21 U.S.C. 952, 953, 957, and 958, and in accordance with 21 CFR part 1312 as of August 12, 2026.

10. Quota. Only DEA-registered manufacturers may manufacture O -DSMT in accordance with a quota assigned pursuant to 21 U.S.C. 826 and in accordance with 21 CFR part 1303, as of August 12, 2026.

11. Liability. Any activity involving O -DSMT not authorized by or in violation of the CSA, occurring as of August 12, 2026, is unlawful, and may subject the person to administrative, civil, and/or criminal sanctions.

The CSA provides for expedited temporary scheduling actions where necessary to avoid an imminent hazard to public safety. Under 21 U.S.C. 811(h)(1), the Administrator, as delegated by the Attorney General, may, by order, temporarily place substances in schedule I. Such orders may not be issued before the expiration of 30 days from: (1) the publication of a notice in the Federal Register of the intent to issue such order and the grounds upon which such order is to be issued, and (2) the date that notice of the proposed temporary scheduling order is transmitted to the Assistant Secretary, as delegated by the Secretary of HHS. 20

Inasmuch as section 811(h) directs that temporary scheduling actions be issued by order (as distinct from a rule) and sets forth the procedures by which such orders are to be issued, DEA believes the notice-and-comment requirements the Administrative Procedure Act (APA) at 5 U.S.C. 553, which are applicable to rulemaking, do not apply to this temporary scheduling order. The APA expressly differentiates between orders and rules, as it defines an “order” to mean a “final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making.”   21 This contrasts with permanent scheduling actions, which are subject to formal rulemaking procedures done “on the record after opportunity for a hearing,” and final decisions that conclude the scheduling process and are subject to judicial review. 22 The specific language chosen by Congress indicates its intent that DEA issue orders instead of proceeding by rulemaking when temporarily scheduling substances. Given that Congress specifically requires the Administrator (as delegated by the Attorney General) to follow rulemaking procedures for other kinds of scheduling actions, 23 it is noteworthy that, in section 811(h)(1), Congress authorized the issuance of temporary scheduling actions by order rather than by rule.

Even assuming that this action is subject to the notice-and-comment requirements of the APA, the Administrator finds that there is good cause to forgo these requirements pursuant to 5 U.S.C. 553(b)(B), as any further delays in the process for issuing temporary scheduling orders would be impracticable and contrary to the public interest given the manifest urgency to avoid an imminent hazard to public safety.

Although DEA believes this temporary scheduling order is not subject to the notice-and-comment requirements of the APA, DEA notes that in accordance with 21 U.S.C. 811(h)(4), the Administrator took into consideration comments submitted by the Acting Assistant Secretary in response to the notices that DEA transmitted to the Acting Assistant Secretary pursuant to such subsection.

Further, DEA believes that this temporary scheduling action is not a “rule” as defined by 5 U.S.C. 601(2), and, accordingly, is not subject to the requirements of the Regulatory Flexibility Act (RFA). The requirements for the preparation of an initial regulatory flexibility analysis in 5 U.S.C. 603(a) are not applicable where, as here, DEA is not required by the APA or any other law to publish a general notice of proposed rulemaking. Therefore, in this instance, since DEA believes this temporary scheduling action is not a “rule,” it is not subject to the requirements of the RFA when issuing this temporary action.

In accordance with the principles of Executive Orders (E.O.) 12866 and 13563, this action is not a significant regulatory action. E.O. 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health, and safety effects; distributive impacts; and equity). E.O. 13563 is supplemental to and reaffirms the principles, structures, and definitions governing regulatory review as established in E.O. 12866. E.O. 12866, sec. 3(f), provides the definition of a “significant regulatory action,” requiring review by the Office of Management and Budget. Because this is not a rulemaking action, this is not a significant regulatory action as defined in Section 3(f) of E.O. 12866. In addition, DEA scheduling actions are not subject to either E.O. 14192, Unleashing Prosperity Through Deregulation, or E.O. 14294, Fighting Overcriminalization in Federal Regulations.

This action will 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. Therefore, in accordance with E.O. 13132, it is determined that this action does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons set out above, DEA amends 21 CFR part 1308 as follows:

This document of the Drug Enforcement Administration was signed on August 6, 2026, by DEA Administrator Terrance C. Cole. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

On March 23, 2026, the Coast Guard received an application, under 33 CFR 100.15, from the Smith Island Crab Skiff Association for a Marine Event Permit to host Historic Smith Island Crab Skiff races. The event will be held from 1 p.m. through 2:30 p.m. on September 5, 2026, in and around Crisfield, MD. The power boat race will consist of three heats (preliminary qualifying races) with approximately seven 22-foot-long boats in each race, competing on a designated, marked course.

The Captain of the Port, Sector Maryland-National Capital Region is issuing this Special Local Regulation (SLR) under the authority in 46 U.S.C. 70041. The COTP has determined that potential hazards associated with the power boat race, such as the risk of collisions, would be a safety concern for anyone intending to participate in this event and for non-participant vessels that operate within the specified waters of Daugherty Creek. The purpose of this rule is to protect event participants, non-participants, including transiting vessels, before, during, and after the scheduled event.

The Coast Guard is issuing this rule without prior notice and comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable to publish an NPRM, consider and respond to comments, and publish a final rule by September 5, 2026, to protect personnel, vessels, and the marine environment. For the same reasons, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register .

This rule establishes a temporary SLR which will be subject to enforcement from 12:30 p.m. through 3:00 p.m. on September 5, 2026. Alternatively, and in the event of inclement weather, the SLR will only be subject to enforcement from 12:30 p.m. through 3:00 p.m. on September 6. The SLR will cover certain waters of Daugherty Creek near Crisfield, Maryland. The coordinates of these waters are provided in the rule text, at the end of this document. No vessel or person other than those that are registered with the host as participants will be permitted to enter the regulated area without obtaining permission from the COTP or their designated representative.

We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.

This rule is a special local regulation. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:

The Coast Guard received notification on August 3, 2026, that Pasha Hawaii will ship three ship-to-shore cranes from Los Angeles, CA to Honolulu, HI, via tug and barge, with a scheduled arrival date of August 14, 2026. The day and time of this safety zone enforcement will depend on the arrival, but enforcement may start as soon as 6 a.m. on August 13, 2026. Hazards from this shipment include but are not limited to the tug and barge being restricted in its ability to maneuver, which creates hazards for the public on the water. The Captain of the Port (COTP) Honolulu has determined that potential hazards associated with the shipment of the three ship-to-shore cranes are a safety concern for anyone while the tug and barge are transiting in Mamala Bay on its approach to Honolulu Harbor. Therefore, the COTP is issuing this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone.

Because of these potential hazards, the Coast Guard is issuing this rule without prior notice and comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The Coast Guard was notified of this event on August 3, 2026, but we must establish this safety zone by August 13, 2026, to protect personnel, vessels, and the marine environment while the vessel is approaching Honolulu Harbor. Therefore, we do not have enough time to solicit and respond to comments.

For the same reason, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register .

This rule establishes a moving safety zone that will be enforced from August 13, 2026 through August 17, 2026. The day and time of enforcement will depend on the arrival of T/V DENISE FOSS (O.N. 1254223) and its tow, FOSS 3612 (O.N. 1255436), entering Mamala Bay in the vicinity of Diamond Head and will be announced to the public in advance. The safety zone will cover all navigable waters within a 500 yard radius of the T/V DENISE FOSS (O.N. 1254223) and its tow, FOSS 3612 (O.N. 1255436). Vessels and persons will not be allowed to enter the zone during this time, unless authorized by the Captain of the Port. An image of the vessel is available in the docket on regulations.gov by searching docket number USCG-2026-0220.

We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.

This rule is a safety zone. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

Powered micromobility devices, such as e-scooters, hoverboards and Segways, are appearing on lands administered by the National Park Service (NPS) with greater frequency, especially in urban locations. Units of the National Park System, such as the National Mall and Memorial Parks in Washington, DC, are filled with e-scooters on a daily basis as visitors use them to access, leave, and travel through the park, including on sidewalks and paths that are shared with pedestrians. Other System units with considerable use of e-scooters and other powered micromobility devices include Golden Gate National Recreation Area, San Antonio Missions National Historical Park, Mississippi National River and Recreation Area, and Cape Cod National Seashore. The U.S. Department of Transportation (DOT) Federal Highway Administration provides a fact sheet with an overview on micromobility, along with links to additional resources. 1 U.S. DOT also funds the Pedestrian and Bicycle Information Center (PBIC), which has a website containing a volume of information about active transportation, including micromobility devices. The information in this Background section of the final rule contains a basic overview of powered micromobility devices that is found on the PBIC website. Please visit https://www.pedbikeinfo.org/ for more information.

The U.S. DOT and PBIC classify traditional and electric bicycles as micromobility devices; however, the NPS has promulgated general regulations addressing the use of traditional and electric bicycles in park areas in 36 CFR 4.30. As a result, this rule does not address traditional and electric bicycles. As used in this Background section of the final rule, the term “powered micromobility devices” does not refer to traditional bicycles, nor does it refer to electric bicycles, nor to human powered coasting devices such as roller skates and skateboards, which are governed by NPS regulations at 36 CFR 2.20. It does refer to electric standing or sitting scooters (e-scooters) and devices such as electric skateboards, electric skates, and one-wheeled or two-wheeled electric self-balancing devices ( e.g., balance wheels, hoverboards and Segways).

According to the PBIC, powered micromobility devices share three common characteristics. 2 First, powered micromobility devices are motorized. They can be fully motorized or motor-assisted, in which the rider can provide some human-powered propulsion, such as by kicking. They usually involve a battery-powered electric motor that provides 750 watts of maximum power. Second, powered micromobility devices are operated at low speed. Most powered micromobility devices are designed to travel at or below 20 miles per hour (mph), although some can reach 30 mph. 3 Others may be regulated to lower maximum speeds, such as 8 mph or less, to be compatible with sidewalk use. Third, powered micromobility devices are small in size. Most powered micromobility devices are three feet wide or less to fit within the standard width of a bike lane or sidewalk. Most powered micromobility devices weigh less than 50 pounds. Due to their weight and size, most powered micromobility devices are designed to be used by single riders.

Users can own or rent powered micromobility devices. Rentals account for the majority of use in urban areas due to the deployment of shared fleets by private companies such as Uber, Lyft, Bird, and Lime. Shared fleets provide users with on-demand access to powered micromobility devices, which operators typically unlock using a smartphone application. Powered micromobility devices that are part of shared fleets are most commonly parked in public rights-of-way, such as sidewalks. In some cases, parking areas or docks may exist for grouping devices when they are not in use. Powered micromobility devices are mostly used in cities and serve a variety of transportation and public health goals. Shared powered micromobility devices provide communities with healthy, affordable, and low- or no-emission transportation options. 4 Powered micromobility devices can help close first- and last-mile gaps to transit and offer individuals greater access to jobs, health care, and other services. 5 This may be particularly true for underserved communities. 6 Powered and adaptive micromobility devices may increase mobility for older adults or individuals with disabilities because they are less strenuous to operate than traditional bicycles or scooters. 7 Powered micromobility devices serve the NPS's objective to provide alternatives to existing transportation options to address visitor needs. 8 They also serve the NPS's objectives to improve connections to neighboring communities, reduce traffic congestion, and ease parking shortages. 9 Shared powered micromobility devices continue to become more prevalent and popular. The North American Bikeshare and Scootershare Association estimates that 84.9 million trips on e-scooters were taken in North America in 2024. 10

The safety of powered micromobility devices, like other products sold in the United States, is regulated by the Consumer Product Safety Commission (CPSC) under the Consumer Product Safety Act. 15 U.S.C. 2051-2090. The CPSC does not regulate who may use powered micromobility devices and where they may be used.

The NPS has broad authority to regulate activities that occur within units of the National Park System. See 54 U.S.C. 100101 and 100751. Human powered coasting devices, such as roller skates and skateboards, are governed by regulations in 36 CFR 2.20. NPS general regulations addressing the use of motor vehicles, traditional bicycles, and electric bicycles are found in 36 CFR part 4. 11 Each of these devices is defined separately in 36 CFR 1.4 and has its own regulatory framework in 36 CFR part 4 that is tailored to the characteristics of each device and how they are used. Motor vehicles are defined in 36 CFR 1.4 as “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.” This definition is broad enough to include powered micromobility devices. As a result, powered micromobility devices fall within the NPS's existing regulatory framework for motor vehicles, even though powered micromobility devices are lighter, smaller, and used differently by visitors. The differences between traditional motor vehicles and powered micromobility devices are numerous, but to highlight one that relates to the potential to cause impacts to resources and visitors in System units, the average weight of an automobile is 4,303 pounds while most powered micromobility devices weigh less than 50 pounds. 12

Due to concerns about impacts to resources and visitors, NPS regulations at 36 CFR 4.10 generally limit motor vehicle use to public roads and parking areas within System units. 13 See 52 FR 10679 (April 2, 1987). The NPS may allow off-road motor vehicle (ORV) use in national recreation areas, national seashores, national lakeshores and national preserves, but only after it completes a rulemaking process that designates routes and areas for ORV use in special regulations that apply to the System unit. ORV use is not allowed in national parks or other types of System units ( e.g., national monuments) that are managed by the NPS but not identified in 36 CFR 4.10.

Despite obvious differences in design, capability, and the potential to cause impacts to resources and visitors, current NPS regulations apply to powered micromobility devices and traditional motor vehicles in the same way. This has led to an undesired outcome where (1) NPS transportation strategies to identify and implement new technologies that improve visitor access and enhance visitor experience;  14 (2) visitor expectations; and (3) on-the-ground use of powered micromobility devices are not served by outdated regulations meant to address a different type of visitor use within System units. On the one hand, NPS motor vehicle regulations are too limiting with respect to where powered micromobility devices may be used off park roads and parking areas, especially in System units located in or near cities. In these System units, visitors use powered micromobility devices, such as e-scooters and Segways, on paved and gravel sidewalks and paths in a manner that causes impacts to resources and visitors that are much less significant than would be caused by traditional motor vehicles ( e.g., cars, trucks and vans) used in the same locations. On the other hand, NPS motor vehicle regulations are too lenient with respect to the use of powered micromobility devices on roads and parking areas. The existing regulations allow powered micromobility devices by default on all roads open to public motor vehicle use, many of which are not designed or suited to be shared with faster and heavier traditional motor vehicles. Roads without infrastructure that separates users who are not protected by an enclosed vehicle or safety restraints (such as seatbelts), which includes the vast majority of users of powered micromobility devices, can lead to user conflicts and increase the risk of injury.

Another existing regulation that is relevant to the use of shared powered micromobility devices in System units is the NPS regulation at 36 CFR 5.3 (“Business operations.”), which prohibits anyone from conducting a business in a System unit except in accordance with a permit, contract or other written agreement with the United States. 15 Companies that want to operate shared fleets of e-scooters ( e.g., Uber, Lyft, Bird, Lime) within System units must obtain written authorization to do so under this regulation. The NPS has several types of instruments that it uses to authorize business operations in System units, which contain terms and conditions governing how the business may be operated in System units, including commercial use authorizations (CUAs) and concession contracts (the latter which are further governed by NPS regulations at 36 CFR part 51). To the extent the NPS determines the operation of a shared fleet of scooters may occur in a particular System unit, the NPS will manage such operation through the laws and policies that apply to those instruments, and the terms and conditions of those instruments when they are issued to the business. By comparison, this final rule establishes rules governing the use of a powered micromobility device by the operator in the same way, whether the device is owned by the operator or rented from a company authorized to do business in the System unit.

This final rule defines powered micromobility devices separately from motor vehicles, bicycles, electric bicycles, and human powered coasting devices. This final rule establishes a distinct management framework for where powered micromobility devices are allowed in System units. This framework provides flexibility to superintendents who believe that powered micromobility devices can be used by visitors and managed by the NPS in certain locations.

The final rule defines a “powered micromobility device” as a human-operated, self-propelled device with a curb weight of less than 150 pounds and without an internal combustion engine. The definition states that powered micromobility devices do not include an electric bicycle, motorized wheelchair, snowmobile, vessel, or motor vehicle (as those terms are defined in 36 CFR 1.4), or a non-bicycle coasting device that is solely human powered (as that term is defined by this final rule). The NPS intends the definition to include devices that are capable of self-propulsion even if they also may be propelled with human power. For example, the NPS intends the definition to include e-scooters that are primarily moved by an electric motor, even if they also may be propelled by kicking. The definition has a higher maximum weight (150 pounds) than the typical weight for powered micromobility devices (less than 50 pounds) in order to include heavier devices such as Segways and adaptive devices designed for individuals with disabilities. 16 Even though they are heavier than most powered micromobility devices, these devices are typically smaller and slower than traditional motor vehicles and are used similarly to lighter powered micromobility devices. One hundred and fifty pounds is well within range of the definition established by the Society of Automotive Engineers for powered micromobility vehicles, which includes devices weighing up to 500 pounds. 17 If powered micromobility devices above a certain weight would cause unacceptable impacts to resources or visitors, the final rule authorizes the superintendent to limit the maximum weight of powered micromobility devices below 150 pounds if necessary.

The definition excludes all devices with an internal combustion engine. In practice, most devices with an internal combustion engine would not qualify under the definition because they weigh more than 150 pounds. Even the lightest versions, such as golf carts and mopeds, weigh at least 200 pounds and some can weigh more than 1,000 pounds. 18 Although most devices with internal combustion engines are excluded from the definition due to weight, the final rule excludes all such devices from the definition due to their potential to cause adverse impacts to resources, including wildlife, caused by engine noise and exhaust. 19

Under the definition, powered micromobility devices have a weight limit but no size limit. This gives superintendents the flexibility to allow larger than normal powered micromobility devices in locations that can accommodate their use. Neither does the definition limit powered micromobility devices by maximum capable speed. The final rule states that the regulations in 36 CFR 4.21 apply to the use of powered micromobility devices. These regulations set baseline speed limits on roads and apply to motor vehicles, traditional bicycles, and electric bicycles, but also give the superintendent the discretion to designate different speed limits if the baseline limits are unreasonable, unsafe, or inconsistent with the purposes of the System unit. Under this final rule, superintendents also have the authority to establish speed limits for powered micromobility devices off roads that are suitable for each designated location as a condition of use.

The NPS believes that defining powered micromobility devices by weight and engine type is sufficient because these characteristics are strongly correlated to potential for the device to cause impacts to resources and visitors. Weight and speed are the primary factors that determine the amount of kinetic energy transferred in a collision, which correlates to the severity of injuries caused by the collision;  20 and internal combustion engines produce engine noise and exhaust that have the potential to cause adverse impacts to resources, including wildlife.

The final rule prohibits the use of powered micromobility devices in System units except in designated locations. The final rule requires rulemaking before powered micromobility devices are allowed in locations that have never been improved by artificial or processed materials. Artificial or processed materials include gravel, asphalt, concrete, steel rail lines, wood boards, soil cement, and resin-based material. Other locations that now or in the past have been improved by artificial or processed materials, such as park roads, parking areas, administrative roads, natural surface trails on old rail lines, and paved and gravel sidewalks and paths, can be designated by the superintendent after notice is provided using one or more of the methods listed in 36 CFR 1.7, including by listing all designated locations in the superintendent's compendium for the System unit. The superintendent's compendium is a written compilation of management actions about visitor use in a System unit that must be made available to the public. Superintendents can designate these other locations without rulemaking, except that rulemaking is required if the designation would be highly controversial or otherwise significant using the criteria in paragraph (b) of 36 CFR 1.5. 21 The rulemaking requirements in this rule would ensure public involvement in decision-making that has more potential for impacts to park resources, values, and visitors, or when stakeholders such as gateway communities have strong viewpoints about potential designations.

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, the final rule prohibits possessing a powered micromobility device in a wilderness area established by Federal statute, unless otherwise allowed under Federal law. The same prohibition applies to bicycles and electric bicycles under NPS regulations at 36 CFR 4.30. Superintendents do not have the authority to override this prohibition by designating locations in wilderness using the superintendent's compendium.

The final rule authorizes the superintendent to establish restrictions, conditions, and closures for the use of powered micromobility devices in designated locations. Superintendents can tailor these actions to the characteristics of the designated locations to minimize impacts to resources and other visitors. For example, superintendents can limit the size of powered micromobility devices on narrow sidewalks or require users to park powered micromobility devices in locations away from sensitive resources or public rights-of-way. As another example, superintendents can limit the speed of powered micromobility devices to help reduce the number of crashes. And as a final example, superintendents can decide that only certain types of micromobility devices ( e.g., e-scooters) are allowed in certain locations.

The final rule states that the use of powered micromobility devices is governed by State and local law unless addressed by regulations in the final rule or by restrictions, conditions, or closures established by the Superintendent. State and local laws address topics such as time of use, age limits, speed limits, helmets, and driver's license requirements. 22 Adopting non-conflicting State law promotes consistency with rules promulgated by State and local governments for the use of powered micromobility devices in their jurisdictions. At the same time, the NPS has the authority to preempt State or local laws in order to maintain responsibility for the management of System units in accordance with Federal laws and policies.

The final rule states that the use of powered micromobility devices is subject to certain existing regulations that apply to the use of bicycles and electric bicycles. These regulations appear in §§ 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), and 4.30(h)(3) through (5) (Operating during periods of low visibility, abreast of another bicycle, and with an open container of alcohol).

Finally, the final rule defines the term “coasting device” and revises 36 CFR 2.20 to clarify that the regulations in section 2.20 apply to roller skates, skateboards, roller skis, scooters, or similar wheeled devices that are propelled solely by human power, except a bicycle. This eliminates any potential for confusion about whether powered micromobility devices are subject to the regulations in § 2.20.

The NPS published a proposed rule in the Federal Register on January 16, 2025 (90 FR 4701). The NPS accepted public comments for 60 days via themail, hand delivery, and the Federal eRulemaking Portal at https://www.regulations.gov. Comments were accepted through March 17, 2025. The NPS received 63 comments on the proposed rule. Some commenters expressed support for the use of powered micromobility devices on public roads and parking areas and concerns about safety, environmental impacts, and diminished visitor enjoyment if they are allowed in other locations. Several commenters supported the rule conditioned upon superintendents carefully evaluating appropriate locations for the use of powered micromobility devices. These commenters also highlighted the need for strong enforcement of rules governing the use of powered micromobility devices to protect visitors and resources. Several commenters, including companies that rent fleets of powered micromobility devices and accessibility advocates, stated that the rule had potential to reduce car traffic and emissions, enhance accessibility, and provide sustainable transportation options in urban park areas. After considering public comments and additional review of the proposed rule, the NPS did not make any substantive changes in the final rule. Revisions have clarified that this rule (36 CFR 4.32) is the operative authority for designating locations for the use of powered micromobility devices, and for the superintendent to establish restrictions, conditions, and closures. Another revision has clarified that rulemaking is not required for terrain that now or in the past has been improved by artificial or processed materials, including materials derived from natural products, such as wood planks or resin-based soil. Rulemaking is not required even for locations that have a natural surface at present, but in the past were altered or improved artificial materials, such as a trail located on top of an old rail line. A summary of the pertinent issues raised by commenters and NPS responses are provided below:

1. Comment: Several commenters asked the NPS to limit the discretion given to superintendents to determine where powered micromobility devices may be used. Below are some of the ways these commenters proposed the NPS should categorically manage the use of powered micromobility devices:

• Ban all use.

• Prohibit recreational use; allow use only by persons with disabilities to enhance accessibility.

• Limit use to roads or bicycle lanes on roads.

• Limit use to hardened surfaces.

• Prohibit use in pedestrian areas and on hiking trails.

• Limit use to pathways open to bicycle use.

• Limit use to trails designated exclusively for their use.

• Limit use to sufficiently wide, paved paths.

• Limit use to frontcountry and developed areas.

NPS Response: The varied and diverse approaches suggested by the commenters demonstrates how difficult it would be to establish categorical rules at the national level for where powered micromobility devices may be used. This rule establishes a regulatory framework for making such decisions on a case-by-case basis. This will allow the NPS to consider the unique circumstances of each proposed use case. National Park System units vary significantly in terms of the criteria that will influence decisions about the use powered micromobility devices. These criteria include the System unit's enabling legislation, its resources and values, and conditions affecting visitor enjoyment and safety. Unless they are prohibited by Federal statute, categorically banning powered micromobility devices in certain circumstances or locations could prevent visitors from using these devices to access and enjoy park areas without any opportunity for the NPS to evaluate whether such use is appropriate. This rule creates two pathways for allowing the use of powered micromobility devices that are tailored to the potential for impacts to resources and visitors. Superintendents should understand park conditions, visitor use patterns, and the perspective of gateway communities and other stakeholders and therefore are in the best position to determine whether and where powered micromobility devices should be allowed. This rule requires an additional level of public engagement before powered micromobility devices are allowed in locations that have never been improved by artificial or processed materials, where resource impacts and risks to visitor safety could be greater than in other locations. Rulemaking also will be required if decisions to allow powered micromobility devices in a particular locations would be highly controversial or otherwise significant using the criteria in 36 CFR 1.5(b).

2. Comment: Several commenters raised safety concerns and highlighted the potential for visitor conflicts if powered micromobility devices are allowed on overcrowded walkways in popular areas of a park.

NPS Response: The NPS appreciates these concerns about visitor safety and conflict, particularly in high-use areas and among vulnerable populations such as children, seniors, and individuals with disabilities. The NPS is committed to ensuring that visitors safely enjoy park areas. The NPS strives to maintain an atmosphere that is open, inviting, and accessible to all American citizens. In order to ensure that potential impacts to visitors are considered in every case, this rule requires superintendents or the NPS through rulemaking to make an affirmative decision to allow powered micromobility devices in any location. This will ensure that powered micromobility devices will not be allowed without consideration of whether their use would be inappropriate or unsafe, including in crowded areas or on trails and pathways not designed or capable of handling them alongside pedestrians and other user groups. In locations where they are allowed, superintendents may establish restrictions, conditions, and closures for the use of powered micromobility devices to promote visitor safety, such as limiting speed, size, or weight, or restricting use to certain times of day or seasons. In general, the NPS can manage visitor use conflicts through zoning that separates conflicting uses, temporal restrictions to reduce congestion, visitor education and signage to promote safe and respectful behavior, and monitoring and adaptive management to evaluate impacts and adjust strategies as needed. These tools can be applied to the use of powered micromobility devices if appropriate.

3. Comment: One commenter asked the NPS to prohibit powered micromobility devices on natural terrain backcountry areas.

NPS Response: The NPS understands that risks to visitor safety and resources may be greater when powered micromobility devices are used on natural terrain, particularly in backcountry areas that are more primitive and remote. This rule requires rulemaking before powered micromobility devices can be allowed in locations that have never been improved by artificial or processed materials, within developed areas or not. This will allow the NPS to make an informed decision about whether use in these locations would cause unacceptable impacts to visitors or resources. Distinguishing frontcountry and developed areas from backcountry and undeveloped areas can be difficult, especially for System units without current land management use maps. A regulatory framework dependent upon making those distinctions could result in inconsistent decision-making about where powered micromobility devices are prohibited.

In general, the NPS does not expect this rule to result in significant changes to where and how powered micromobility devices are used in park areas compared to current conditions. Use of e-scooters and other powered micromobility devices is largely concentrated in System units located in urban areas with active e-scooter rental systems. Although superintendents will need to reconsider it under this rule, the NPS expects that many will decide to continue to allow existing or similar levels of use. This expectation is supported by the regulatory analysis of this rule referred to below.

4. Comment: Several commenters asked the NPS to prohibit the possession of powered micromobility devices in areas identified as “potential wilderness” through a formal planning process or study, even if those areas have not been established as wilderness by Federal statute. These commenters referred to NPS Management Policies Section 6.3.1 that requires the NPS to manage potential wilderness as wilderness and to take no action that would diminish the wilderness eligibility of an area possessing wilderness characteristics until the legislative process of wilderness designation has been completed.

NPS Response: The approach taken in this rule is consistent with how the NPS manages the use of traditional bicycles and electric bicycles in 36 CFR 4.30, which prohibits the possession of those devices in wilderness areas established by Federal statute. These provisions follow the text of the Wilderness Act, which prohibits mechanical transport in wilderness areas designated by Congress. 16 U.S.C. 1133(c). As such, this rule and the bicycle regulations are based upon the best reading of the underlying statutory prohibition, consistent with the direction given to Federal agencies in Executive Order 14219, “Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative.” This rule requires rulemaking before powered micromobility devices can be allowed in locations that have never been improved by artificial or processed materials. This will provide ample opportunity for the NPS to consider the potential impacts of powered micromobility devices on wilderness character in accordance with applicable policy

5. Comment: One commenter suggested the rule require the preparation of an environmental assessment (EA) or an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) before a superintendent can designate natural surface trails for powered micromobility use.

NPS Response: NEPA requires all Federal agencies, including the NPS, to evaluate the potential environmental impacts of major Federal actions before carrying out those actions. As an alternative to the preparation of an EA or EIS, a Federal agency can determine that the proposed action falls within a category of actions that normally does not have a significant effect on the human environment, eliminating the need for an EA or EIS. This is referred to as a categorical exclusion (CE). This rule does not address what form of NEPA compliance (EIS, EA, or CE) is required before a superintendent can designate natural surface trails for powered micromobility use, and therefore allows the NPS to comply with NEPA using any allowable method, including a CE when appropriate. This approach will allow the NPS to manage its resources and allocate taxpayer funds more efficiently and will streamline the approval of new opportunities for public access and recreation in compliance with Federal law. By contrast, requiring the NPS to prepare an EA or EIS before a superintendent can designate natural surface terrain for powered micromobility use would preclude the NPS from using a valid compliance pathway under NEPA. This could lead to unnecessary delays and reviews that are disproportionate to the potential environmental impacts of allowing powered micromobility devices on natural surface trails within a park area. Allowing the NPS to apply NEPA as Congress intended makes this rule consistent with the direction given to Federal agencies in Executive Order 14219, “Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative” to ensure that regulations are based on the best reading of the underlying statutory authority or prohibition.

6. Comment: One commenter stated the term “micromobility device” can be misleading by suggesting that powered micromobility devices are designed primarily for people with mobility impairments. This commenter suggested a different term, such as “micro-transport devices,” to better reflect their purpose and avoid confusion.

NPS Response: The term “micromobility” is recognized and used in transportation and regulatory contexts to describe small, lightweight, typically low-speed devices, such as e-scooters, that are used by the general population and not exclusively or primarily by persons with disabilities. The definition of a “powered micromobility device” in this rule does not refer to user groups or types of operators, reflecting the use of these devices by the general population for a variety of purposes.

While these devices can improve accessibility, the term powered micromobility device in this rule does not have the same meaning as the term “other power-driven mobility device” (OPDMD) as that term is used by the U.S. Department of Justice in guidance implementing the Americans with Disabilities Act of 1990. This rule does not address whether the NPS must allow persons with disabilities to use OPDMDs in NPS facilities within park areas, which requires an evaluation of whether the OPDMD cannot be accommodated due to legitimate safety requirements. Superintendents will make these determinations on a case-by-case basis with assistance from the NPS Accessibility Program, which can be reached by email at accessibility@nps.gov. Further guidance about accessibility within park areas can be found in Director's Order #42: Accessibility of National Park Service Facilities, Programs, Services, and Activities for NPS, available on the NPS policy website at https://www.nps.gov/policy.

7. Comment: One commenter asked whether emerging over-the-snow electric propulsion technologies such as electric-skis (e-skis) fall within the scope of the rule.

NPS Response: Snowmobiles are defined separately in NPS regulations under 36 CFR 1.4 and are explicitly excluded from the scope of this rule in the definition of “powered micromobility device.” This rule will apply to other over-the-snow devices powered by electric propulsion, including electric skis, provided their characteristics meet the requirements in the definition of “powered micromobility device.”

8. Comment: One commenter asked the NPS clarify the applicability of this rule to non-federal lands.

NPS Response: The applicability and scope of NPS regulations are defined in 36 CFR 1.2, which explains the circumstances in which NPS regulations apply on non-federal lands within park areas.

9. Comment: One commenter asked the NPS to modify its permitting processes and standards for shared fleet services to be consistent with those used by the District of Columbia Department of Transportation (DDOT) and to harmonize rules for the operation of powered micromobility devices to be consistent between jurisdictions.

NPS Response: The NPS will continue to follow Federal statutory authorities and implementing regulations and guidance for the authorization of business operations in park areas when considering whether to authorize the operation of shared fleets of powered micromobility devices in a park area. The NPS works closely with DDOT to address emerging transportation trends and innovations with the District of Columbia. Shared information and strategies can help inform requests for proposals, permitting and contracting decisions, and applicable terms and conditions for business operations consistent with Federal law. Unless addressed by NPS regulations or restrictions, conditions, or closures established by the superintendent, this rule adopts state law for the use of powered micromobility devices in park areas. Adopting non-conflicting state law promotes a consistent regulatory framework that makes it easier for the public to understand what rules apply to the use of these devices across different jurisdictions.

10. Comment: Several commenters expressed concern about the management of shared powered micromobility devices within park areas, in particular the need to address improper parking, abandonment when batteries lose charge (especially in remote areas), and negative impacts to scenic views and the visitor experience.

NPS Response: Businesses operating fleets of shared powered micromobility devices in park areas must do so pursuant to the terms and conditions of a written authorization from the NPS, such as a concession contract or CUA. These terms and conditions can be crafted to mitigate potential impacts to visitors and resources within park areas. The NPS can require business operators to submit detailed operations plans covering equipment maintenance, inspection schedules, and safe handling of batteries. The NPS can require immediate reporting of incidents involving powered micromobility devices, such as crashes, battery leaks, or charging issues. The NPS can identify corrals where e-scooters can be parked to keep sidewalks and trails clear. The NPS can require business operators to establish geofences that restrict the use of devices in certain locations, penalize users for parking or abandoning devices outside of defined areas, and use fee structures to incentivize users to return their devices to corrals. While NPS manages business operators through the terms and conditions of written instruments, this rule establishes requirements that apply to the users of powered micromobility devices and allows the superintendent to establish restrictions, conditions, and closures on their use, all of which can mitigate impacts to resources and visitors.

11. Comment: One commenter raised concerns about installing charging stations for powered micromobility devices in natural areas.

NPS response: Although charging infrastructure may be necessary to support the use of powered micromobility devices, installing such facilities is outside the scope of this rule. If it becomes necessary, the installation of a charging station within a park area will be subject to established planning, environmental compliance, and permitting processes to ensure that installations are carefully evaluated for potential impacts to natural resources.

12. Comment: One commenter recommended the NPS pursue concession contracts or CUAs with business that operate fleets of powered micromobility devices whenever powered micromobility devices are allowed within a System unit.

NPS Response: National Park System units are guided by foundation documents and a planning portfolio, which include a range of tools such as visitor use studies and Commercial Services Strategies (CSS). These tools help the NPS assess current and future visitor needs and determine the appropriate role of commercial operators in meeting those needs. The CSS process, in particular, allows the NPS to evaluate whether existing management plans support new or expanded services and to conduct market research to inform decisions about commercial visitor services in park areas. Statutory and regulatory criteria also inform these decisions. See, e.g., 54 U.S.C. 101911-24 and 36 CFR part 51 for concession contracts and 54 U.S.C. 101925 for CUAs. The NPS will use these processes and applicable legal frameworks to determine whether the use of powered micromobility devices should be offered as a commercial visitor service in a System unit.

The NPS continuously works to improve visitor services in park areas in order to enhance the visitor experience. On September 9, 2025, the NPS published a request for information (RFI) in the Federal Register (90 FR 43472), seeking comments and information from the public to identify improvements that could be made to visitor services in parks, including more efficient ways to deliver and manage those services. The comment period for the RFI closed on October 9, 2025. This RFI was part of the Department of the Interior's implementation of Executive Order 14314, which directs the Secretary of the Interior to take steps to improve services for U.S. residents visiting National Park System units. The NPS will consider the comments received from the RFI as it continues to find ways to promote meaningful experiences for park visitor through greater understanding, access, and enjoyment of America's natural, cultural, historical, and recreational treasures.

13. Comment: Several commenters questioned the NPS's ability to effectively regulate the speed of powered micromobility devices, with one commenter suggesting a 20 mph speed limit on roads and a 10 mph speed limit on paved paths.

NPS Response: This rule allows superintendents to establish speed limits for powered micromobility devices that are reasonable, safe, and consistent with the purposes of the System unit. See 36 CFR 4.21. In addition to establishing and enforcing speed limits, the design and capability of powered micromobility devices and other technology can mitigate potential impacts from unsafe speed. Most powered micromobility devices are designed to travel at or below 20 mph, and many rental and shared fleets are equipped with speed governors or geofencing capabilities that automatically disengage the motor when certain speeds are reached.

14. Comment: Some commenters expressed concerns about the potential environmental impacts of powered micromobility devices on park resources, in particular, impacts to the soundscape, increased trail erosion, and wildlife disturbance.

NPS Response: Preserving park resources for the enjoyment of this and future generations of American citizens is the central mission of the NPS. The framework of this rule is designed to ensure the NPS considers potential impacts to resources before powered micromobility devices are allowed in any location. This rule requires increased levels of public engagement for decisions about use of powered micromobility devices that have more potential for adverse impacts to resources. If superintendents choose to allow the use of powered micromobility devices, they have authority to establish restrictions, conditions, and closures to mitigate potential and observed impacts to resources. Decisions to allow use will be subject to compliance with applicable laws including NEPA. These factors will work together to ensure that the use of powered micromobility devices will not cause unacceptable impacts to park resources, while creating opportunities for access, recreation, and enjoyment for the American public.

15. Comment: One commenter suggested the NPS require users of powered micromobility devices to alert others upon approach to prevent accidents.

NPS Response: This rule applies several requirements to the use of powered micromobility devices that apply to the use of motor vehicles and bicycles (including e-bikes), all of which will help ensure safe and responsible use of shared facilities such as roads, paths, and trails. These include requirements to (1) yield the right of way to pedestrians and saddle animals (36 CFR 4.20); (2) avoid operation without due care or at an unreasonable speed (36 CFR 4.22); (3) have functioning white and red lights or reflectors when operating at night (36 CFR 4.30(h)(3)); and (4) avoid operation abreast of another device except where authorized by the superintendent (36 CFR 4.30(h)(4)). The rule allows the superintendent to establish other restrictions and conditions designed to prevent conflicts among user groups, which might include a requirement to alert others when approaching.

16. Comment: One commenter proposed categorizing powered micromobility devices by width, weight, or maximum speed, to help superintendents determine where each category should be allowed.

NPS Response: Unlike e-bikes, for example, which had an industry-accepted classification system prior to the NPS regulations, there is no such system in place for powered micromobility devices. This rule gives superintendents the discretion to determine whether specific types of powered micromobility devices may be used based upon appropriate criteria, such as resource conditions, facility design and capability, and visitor use patterns. Superintendents may decide to limit the types of powered micromobility devices that can be used in specific locations based upon size or maximum speed if that would be appropriate given the circumstances.

This rule has been determined to be not significant for purposes of Executive Order 12866. This rule is an E.O. 14192 deregulatory action. The NPS prepared a cost-benefit analysis for this rule that concluded cost savings will exceed quantified costs. This report may be viewed in the docket for this rulemaking action by visiting https://www.regulations.gov/ and searching for “RIN 1024-AE79”. The cost-benefit analysis in that report remains valid for the final rule because no substantive changes were made from the proposed rule to the final version.

This final 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 “Regulatory Analysis of the Powered Micromobility Devices at National Park System Units Proposed Rule.” The report may be viewed in the docket for this rulemaking action by visiting https://www.regulations.gov/ and searching for “RIN 1024-AE79”. The certification in that report remains valid for the final rule because no substantive changes were made from the proposed rule to the final version.

This final rule is not a major rule under 5 U.S.C. 804(2). This final 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.

This final 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 final rule does not have a significant or unique effect on State, local, or Tribal governments, or the private sector. It addresses public use of lands administered by the NPS 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.

This final rule does not effect a taking of private property or otherwise have takings implications under E.O. 12630. A takings implication assessment is not required.

Under the criteria in section 1 of E.O. 13132, the final rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This final rule only affects the use of federally administered lands. It has no direct effects on other areas. A federalism summary impact statement is not required.

This final rule complies with the requirements of E.O. 12988. This final 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.

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 final rule under the criteria in E.O. 13175 and under the Department's Tribal consultation policy and has determined that Tribal consultation is not required because the final rule will have no substantial direct effect on federally recognized Indian Tribes.

This final rule contains no new information collections. All information collections require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ). 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 Office of Management and Budget (OMB) control number.

This final 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 final rule is covered by a categorical exclusion. The final rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. The NPS has determined the final rule is categorically excluded under DOI NEPA Handbook (February 2026), Appendix 2, 12.5 D.4, which covers minor changes in programs and regulations pertaining to visitor use activities. The NPS has documented the application of this CE to this final rule.

Compared to the existing regulations, including regulations in 36 CFR 4.10 that apply to motor vehicles (and to powered micromobility devices at present), this final rule makes four changes to existing regulations. As explained below, however, not all of these changes will result in environmental effects, and the changes that will result will be minor.

First, the final rule changes the default rules for the use of powered micromobility devices on park roads and parking areas. The rule allows superintendents to open park roads and parking areas to the use of powered micromobility devices, but only if they designate such locations for the use of powered micromobility devices in the superintendent's compendium. Under the existing regulations that apply to motor vehicles, by contrast, powered micromobility devices are allowed on park roads and parking areas by default.

Second, the final rule creates regulatory pathways by which the NPS can decide to allow powered micromobility devices off roads and parking areas in any System unit. The existing regulations that apply to motor vehicles do not have a regulatory pathway to allow powered micromobility devices off roads and parking areas in System units other than national recreation areas, national seashores, national lakeshores and national preserves. This change does not by itself result in any immediate environmental effects, but rather establishes procedures by which the NPS can take action in future, following appropriate review.

Third, on terrain that now or in the past has been improved by artificial or processed materials in situations that do not meet the criteria for rulemaking in 36 CFR 1.5(b), the final rule confers on superintendents discretion to allow powered micromobility devices by designation in the superintendent's compendium, without rulemaking. Under the existing regulations that apply to motor vehicles, superintendents have no authority to allow powered micromobility devices off roads and parking areas because such actions require notice-and-comment rulemaking. The scope of this change is limited, however, by application of the criteria in 36 CFR 1.5(b) to discretionary actions taken by the superintendent under this final rule, with the result that notice-and-comment rulemaking will be required for actions that are highly controversial or meet other regulatory criteria. To the extent that designating artificially improved surfaces for the use of powered micromobility devices would trigger this rulemaking requirement, then the procedural result would be the same as baseline conditions which require rulemaking in every case. Even where this requirement is not triggered, however, this change does not by itself result in any immediate environmental effects, but rather establishes procedures by which superintendents can take action in future, following appropriate review.

Fourth, the final rule defines coasting devices for clarity. This change results in no changes to visitor use under existing regulations.

As explained in the CE documentation prepared for this rule, these changes are minor, and do not have the potential to result in significant environmental effects. The first of these four changes, prohibiting by default the use of powered micromobility devices on park roads and parking areas, may result in minor shifts in use of the devices in these locations where they have been allowed, until and unless superintendents complete the required process to allow such use. This immediate change in use will be minor because most users of powered micromobility devices in urban areas (where the majority of such use occurs in System units) prefer to ride on sidewalks or in protected bicycle lanes, rather than on roads that are used by motor vehicles. The remaining changes in regulations described above would not result in immediate changes in the use of powered micromobility devices, but rather, would create procedures by which such use could be authorized in future. Such future authorizations would depend on separate actions taken by the NPS, and would be subject to separate NEPA and other compliance. Any effects from these future actions are outside the scope of this rulemaking for NEPA purposes.

This final rule is not a significant energy action under the definition in E.O. 13211; the final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy, and the final rule has not otherwise been designated by the Administrator of Office of Information and Regulatory Affairs as a significant energy action. A statement of energy effects is not required.

In consideration of the foregoing, the National Park Service proposes to amend 36 CFR parts 1, 2, and 4 as set forth below:

The additions and revision read as follows: