Proposed Rule2024-31578
Powered Micromobility Devices
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 16, 2025
Issuing agencies
Interior DepartmentNational Park Service
Abstract
The National Park Service proposes a management framework for the use of powered micromobility devices within the National Park System. The proposed rule would define powered micromobility devices separately from motor vehicles, traditional bicycles, electric bicycles, and human powered coasting devices, and create rules for where and how they may be used in units of the National Park System. Examples of powered micromobility devices include electric scooters (e- scooters), hoverboards, and Segways.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Proposed Rules]
[Pages 4701-4707]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31578]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Parts 1, 2, and 4
[NPS-WASO-38853; GPO Deposit Account 4311H2]
RIN 1024-AE79
Powered Micromobility Devices
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service proposes a management framework for
the use of powered micromobility devices within the National Park
System. The proposed rule would define powered micromobility devices
separately from motor vehicles, traditional bicycles, electric
bicycles, and human powered coasting devices, and create rules for
where and how they may be used in units of the National Park System.
Examples of powered micromobility devices include electric scooters (e-
scooters), hoverboards, and Segways.
DATES: Comments on the proposed rule must be received by 11:59 p.m.
eastern time on March 17, 2025.
ADDRESSES: You may submit comments, identified by Regulation Identifier
Number (RIN) 1024-AE79, by either of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
(2) By hard copy: Mail to: Jay Calhoun, National Park Service,
Division of Regulations, Jurisdiction and Special Park Uses, MS-2472,
1849 C Street NW, Washington, DC 20240.
Instructions: Comments will not be accepted by fax, email, or in
any way other than those specified above. All submissions received must
include the words ``National Park Service'' or ``NPS'' and must include
the docket number or RIN (1024-AE79) for this rulemaking. Comments
received may be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal information provided.
Docket: For access to the docket to read comments received, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for ``1024-AE79''.
FOR FURTHER INFORMATION CONTACT: Jay Calhoun, Division of Regulations,
Jurisdiction and Special Park Uses, National Park Service; phone: (202)
513-7112; email: <a href="/cdn-cgi/l/email-protection#5d2a3c2e32022f383a28313c293432332e1d332d2e733a322b"><span class="__cf_email__" data-cfemail="334452405c6c415654465f52475a5c5d40735d43401d545c45">[email protected]</span></a>. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may
[[Page 4702]]
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States. In compliance with the
Providing Accountability Through Transparency Act of 2023, the plain
language summary of the proposal is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> in the docket for this rulemaking.
SUPPLEMENTARY INFORMATION:
Background
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 is a basic overview of powered micromobility devices that is
found on the PBIC website. Please visit <a href="https://www.pedbikeinfo.org">https://www.pedbikeinfo.org</a>/for
more information.
---------------------------------------------------------------------------
\1\ U.S. Department of Transportation, Federal Highway
Administration, Fact Sheet on Micromobility.
---------------------------------------------------------------------------
The U.S. DOT and PBIC classify traditional and electric bicycles as
micromobility devices; however, the use of traditional and electric
bicycles in units of the National Park System is already governed by
regulations in 36 CFR 4.30 and therefore is not addressed in this
proposed rule. As used in the Background section of this proposed 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.
---------------------------------------------------------------------------
\2\ Sandt, L. (October 2019). The basics of micromobility and
related motorized
devices for personal transport. Pedestrian and Bicycle
Information Center: Chapel Hill, NC.
\3\ The Society of Automotive Engineers classifies powered
micromobility devices as those with a top speed of less than 30 mph.
See Taxonomy and Classification of Powered Micromobility Vehicles
J3194_201911 issued November 20, 2019.
---------------------------------------------------------------------------
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\ San Francisco, Portland, Kansas City, and Washington, DC,
expressly align e-scooter use with the goal of reducing carbon
emissions and air pollution.\8\ Powered micromobility devices serve the
NPS's goal of promoting alternative transportation systems in System
units that use modes of travel other than private motor vehicles.
Alternative transportation systems can help connect communities to
parks, manage congestion and ease parking shortages, improve air
quality and soundscapes, and reduce collisions between automobiles and
wildlife. Shared powered micromobility devices continue to become more
prevalent and popular. The North American Bikeshare and Scootershare
Association estimates that 62.2 million trips on e-scooters were taken
in North America in 2021.\9\
---------------------------------------------------------------------------
\4\ U.S. Department of Transportation, Federal Highway
Administration, Shared Micromobility and Equity Primer.
\5\ U.S. Department of Transportation, Federal Highway
Administration, Fact Sheet on Micromobility.
\6\ Id. See also U.S. Department of Transportation, Federal
Highway Administration, Shared Micromobility and Equity Primer.
\7\ U.S. Department of Transportation, Federal Highway
Administration, Fact Sheet on Micromobility.
\8\ Blickstein, S. et al. (December 2019). E-Scooter Programs:
Current State of Practice in US Cities.
\9\ NABSA 2021 Shared Micromobility State of the Industry
Report.
---------------------------------------------------------------------------
Existing Regulatory Framework
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. NPS regulations addressing the use of motor vehicles,
traditional bicycles, and electric bicycles are found in 36 CFR 4.30.
Each of these devices is defined separately in 36 CFR 1.4 and has its
own regulatory framework in 36 CFR part 4
[[Page 4703]]
that is tailored to the characteristics of each device and how they are
used. Human powered coasting devices, such as roller skates and
skateboards, are governed separately under 36 CFR 2.20. 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 in System units. 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.\10\
---------------------------------------------------------------------------
\10\ The 2022 EPA Automotive Trends Report. EPA-420-R-23-033
December 2023.
---------------------------------------------------------------------------
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. 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 notice and comment 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. These regulatory requirements are consistent with the provisions
of Executive Orders 11644 and 11989 (``Use of off-road vehicles on the
public lands'') that were issued in 1972 and 1977. These Executive
orders require Federal agencies to limit ORV use on public lands to
designated routes or areas in a manner that protects resources,
promotes visitor safety, and minimizes user conflicts. The Executive
orders require Federal agencies to issue regulations providing for the
designation of the specific areas and trails where ORV use is allowed
on public lands. Unlike the NPS's definition of ``motor vehicle,''
which is not limited to vehicles with off-road capabilities, the
Executive orders apply to ``off-road vehicles'' that are ``designed for
or capable of cross-country travel on or immediately over land, water,
sand, snow, ice, marsh, swampland, or other natural terrain.''
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 goals to promote alternative
transportation, protect the climate, and connect diverse communities;
\11\ (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 activity 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 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.
---------------------------------------------------------------------------
\11\ Current State of Transportation Needs and Priorities, NPS
(2021).
---------------------------------------------------------------------------
One other existing regulatory framework is relevant to the use of
shared powered micromobility devices in System units. NPS regulations
at 36 CFR 5.3 (``Business operations.'') prohibit anyone from
conducting a business in a System unit except in accordance with a
permit, contract or other written agreement with the United States.
Companies that operate shared fleets of e-scooters (e.g., Uber, Lyft,
Bird, Lime) within System units must obtain written authorization to do
so under these regulations. The NPS may issue a commercial use
authorization (CUA) or a concession contract to these businesses that
contain terms and conditions governing how the business may be operated
in the System unit. The NPS will continue to manage the operation of
these shared fleets as a business through regulations and policies that
apply to CUAs and concession contracts, and the terms and conditions of
those instruments when they are issued to the CUA-holder or
concessioner. This proposed rule would establish rules governing the
use 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.
Proposed Rule
This proposed rule would define powered micromobility devices
separately from motor vehicles, bicycles, electric bicycles, and human
powered coasting devices. This proposed rule would establish a distinct
management framework for where powered micromobility devices are
allowed in System units. This framework would provide flexibility to
superintendents who believe that powered micromobility devices can be
used by visitors and managed by the NPS in certain locations. At the
same time, the proposed rule would ensure that powered micromobility
devices capable of cross-country travel on or immediately over natural
terrain may not be used in that manner without notice and comment
rulemaking, consistent with Executive Orders 11644 and 11989.
The proposed rule would define 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 would state 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
would be defined by this proposed 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 proposed definition has a higher maximum weight (150 pounds)
than the
[[Page 4704]]
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. 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.\12\ If powered
micromobility devices above a certain weight would cause unacceptable
impacts to resources or visitors, the proposed rule would authorize the
superintendent to limit the maximum weight of powered micromobility
devices below 150 pounds if necessary.
---------------------------------------------------------------------------
\12\ Society of Automotive Engineers Taxonomy and Classification
of Powered Micromobility Vehicles J3194_201911 issued November 20,
2019.
---------------------------------------------------------------------------
The proposed definition would exclude all devices with an internal
combustion engine. In practice, most devices with an internal
combustion engine would not qualify under the proposed 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.\13\ Although most devices with internal
combustion engines would be excluded from the definition due to weight,
the proposed rule would exclude all such devices from the definition
due to their potential to cause adverse impacts to resources, including
wildlife, caused by engine noise and exhaust.\14\
---------------------------------------------------------------------------
\13\ Sandt, L. (October 2019). The basics of micromobility and
related motorized devices for personal transport. Pedestrian and
Bicycle Information Center: Chapel Hill, NC.
\14\ See Glen Canyon National Recreation Area Off-road Vehicle
Management Plan/Final Environmental Impact Statement, Chapter 3:
Affected Environment, January 2017.
---------------------------------------------------------------------------
Under the proposed definition, powered micromobility devices would
have a weight limit but no size limit. This would give superintendents
the flexibility to allow larger than normal powered micromobility
devices in locations that can accommodate their use. Neither would the
proposed definition limit powered micromobility devices by maximum
capable speed. The proposed rule would state 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 the proposed rule,
superintendents also would 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;
\15\ and internal combustion engines produce engine noise and exhaust
that have the potential to cause adverse impacts to resources,
including wildlife.
---------------------------------------------------------------------------
\15\ Kumfer, et al. Speed, Kinetic Energy, and the Safe Systems
Approach to Safer Roadways, ITE Journal, April 2019.
---------------------------------------------------------------------------
The proposed rule would prohibit the use of powered micromobility
devices in System units except in designated locations. The proposed
rule would require the NPS to complete notice and comment rulemaking to
allow powered micromobility devices on natural terrain that is
unimproved by artificial materials. Examples of natural terrain are
sand, snow, rock, vegetation, and soil, and include natural terrain
that has been designed, constructed or designated for other types of
visitor use (e.g., hiking, bicycling, equestrian, ORV use) but remains
natural because artificial materials that have been processed by
humans, such as paving or gravel, have not been added to the surface.
This rulemaking requirement is consistent with Executive Orders 11644
and 11989 that require federal agencies to issue regulations to manage
the use of motorized vehicles designed for or capable of cross-country
travel on or over natural terrain. This requirement will help ensure
that the use of powered micromobility devices in System units will not
create unacceptable impacts to soils, watershed, vegetation, wildlife,
or other park resources; or create unacceptable visitor use conflicts
or safety concerns.
Other locations, such as park roads, parking areas, administrative
roads, and paved and gravel sidewalks and paths, could be designated by
the superintendent pursuant to the requirements in 36 CFR 1.5 and 1.7.
These requirements apply to discretionary actions taken by
superintendents to manage visitor use in System units. Superintendents
would be required to prepare a written determination justifying the
decision to allow powered micromobility devices in designated
locations. Superintendents would be required to provide public notice
of such actions, including by listing all designated locations in the
superintendent's compendium for the System unit. The superintendent's
compendium is a compilation of management actions about visitor use in
a System unit that must be made available to the public under 36 CFR
1.7. Superintendents could designate these other locations without
notice and comment rulemaking, except that notice and comment
rulemaking would be required under 36 CFR 1.5(b) if the designated
locations would be highly controversial or otherwise significant using
the criteria in paragraph (b).\16\
---------------------------------------------------------------------------
\16\ Rulemaking is required for an action ``which is of a
nature, magnitude and duration that will result in a significant
alteration in the public use pattern of the park area, adversely
affect the park's natural, aesthetic, scenic or cultural values,
require a long-term or significant modification in the resource
management objectives of the unit. . . .'' 36 CFR 1.5(b).
---------------------------------------------------------------------------
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 proposed rule would prohibit 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 would not have the
authority to override this prohibition by designating locations in
wilderness using the superintendent's compendium.
The proposed rule would authorize the superintendent to establish
conditions for the use of powered micromobility devices in designated
locations pursuant to the requirements in 36 CFR 1.5 and 1.7.
Superintendents could tailor these conditions to the characteristics of
the designated locations to minimize impacts to resources and other
visitors. For example, superintendents could 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
[[Page 4705]]
another example, superintendents could limit the speed of powered
micromobility devices to help reduce the number of crashes. And as a
final example, superintendents could decide that only certain types of
micromobility devices (e.g., e-scooters) are allowed in certain
locations.
The proposed rule would state that the use of powered micromobility
devices is governed by State and local law unless addressed by
regulations in the proposed rule or by conditions 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.\17\ Adopting non-conflicting State law would promote
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 would have 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.
---------------------------------------------------------------------------
\17\ Blickstein, S. et al. (December 2019). E-Scooter Programs:
Current State of Practice in US Cities.
---------------------------------------------------------------------------
The proposed rule would state 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
Sec. Sec. 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 proposed rule would define the term ``coasting
device'' and revise 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 would eliminate any potential for
confusion about whether powered micromobility devices are subject to
the regulations in Sec. 2.20.
Compliance With Other Laws, Executive Orders and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563 and
14094)
Executive Order (E.O.) 14094 amends E.O. 12866 and reaffirms the
principles of E.O. 12866 and E.O 13563 and states that regulatory
analysis should facilitate agency efforts to develop regulations that
serve the public interest, advance statutory objectives, and are
consistent with E.O. 12866 and E.O. 13563. Regulatory analysis, as
practicable and appropriate, shall recognize distributive impacts and
equity, to the extent permitted by law. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. The NPS has developed this proposed rule in a manner
consistent with these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and amended and reaffirmed
by E.O. 14094, provides that the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB) will review
all significant rules. OIRA determined that this proposed rule is not
significant.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
This proposed rule would 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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> and searching for ``RIN 1024-AE79''.
Congressional Review Act
This proposed rule is not a major rule under 5 U.S.C. 804(2). This
proposed rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
This proposed rule does not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The proposed 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.
Takings (E.O. 12630)
This proposed 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.
Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, the proposed rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. This proposed
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.
Civil Justice Reform (E.O. 12988)
This proposed rule complies with the requirements of E.O. 12988.
This proposed rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O. 13175 and Department Policy)
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 proposed 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 proposed rule will have no
substantial direct effect on federally recognized Indian Tribes.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This proposed 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.
[[Page 4706]]
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.)
This proposed 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 proposed rule is covered by a
categorical exclusion. The proposed 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 proposed rule
is categorically excluded under NPS NEPA Handbook section 3.3.D.3 that
covers minor changes in regulations pertaining to visitor use
activities.
Compared to the existing regulations in 36 CFR 4.10 that apply to
motor vehicles (and to powered micromobility devices at present), this
proposed rule would make four changes to existing regulations.
First, the proposed rule would allow 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, powered
micromobility devices are allowed on park roads and parking areas by
default. This administrative change would require superintendents to
consider the potential impacts to resources and visitors from allowing
powered micromobility devices in these locations.
Second, the proposed rule would allow superintendents to designate
paved and artificially improved sidewalks, paths and other locations
for the use of powered micromobility devices. Under the existing
regulations that apply to motor vehicles, superintendents have no
authority to allow powered micromobility devices off roads and parking
areas. Off-road locations must be designated through notice-and-comment
rulemaking. The impact of this change compared to baseline conditions
is reduced by the application of 36 CFR 1.5 to the superintendent's
authority to manage powered micromobility devices in the proposed rule.
Paragraph (b) of Sec. 1.5 requires certain actions to be published as
rulemaking in the Federal Register. To the extent designating paved and
artificially improved sidewalks, paths and other locations 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.
Third, powered micromobility devices would be allowed off roads and
parking areas in any System unit, either by designation in the
superintendent's compendium (for artificially improved locations that
do not meet the criteria for rulemaking in 36 CFR 1.5(b)) or through
notice-and-comment rulemaking (for other locations). Under the existing
regulations that apply to motor vehicles, powered micromobility devices
may only be allowed off roads and parking areas in certain System units
(national recreation areas, national seashores, national lakeshores and
national preserves).
The NPS considers the cumulative effect of these changes to be
minor because they would affect how the NPS manages a relatively small
subset of ``motor vehicles'' in portions of System units where powered
micromobility devices are present. In addition, according to the
regulatory analysis report conducted by Industrial Economics (see the
section entitled ``Regulatory Flexibility Act'' above), all surveyed
superintendents at System units where powered micromobility devices are
currently being used, indicated their intention to update the
superintendent's compendium to allow for continued powered
micromobility device use, resulting in very little on the ground change
compared to current conditions In addition to the fact that the changes
are minor, decisions made under this proposed rule to allow powered
micromobility devices within System units will be subject to compliance
with NEPA at that time.
The fourth change to existing regulations would define coasting
devices for clarity and result in no changes to visitor use under
existing regulations.
Effects on the Energy Supply (E.O. 13211)
This proposed rule is not a significant energy action under the
definition in E.O. 13211; the proposed rule is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy, and the proposed 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.
Clarity of This Proposed Rule
The NPS is required by E.O.s 12866 (section 1(b)(12)) and 12988
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential
memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule the NPS publishes must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that the NPS has not met these requirements, send
comments by one of the methods listed in the ADDRESSES section. To
better help the NPS revise the proposed rule, your comments should be
as specific as possible. For example, you should identify the numbers
of the sections or paragraphs that you find unclear, which sections or
sentences are too long, the sections where you feel lists or tables
would be useful, etc.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule by one of the methods listed in
the ADDRESSES section of this document.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time.
List of Subjects
36 CFR Part 1
National parks, Penalties, Reporting and recordkeeping
requirements, Signs and symbols.
36 CFR Part 2
Environmental protection, National parks, Reporting and
recordkeeping requirements.
36 CFR Part 4
National Parks, Traffic regulations.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR parts 1, 2, and 4 as set forth below:
PART 1--GENERAL PROVISIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102.
0
2. Amend Sec. 1.4 in paragraph (a) by:
[[Page 4707]]
0
a. Adding, in alphabetical order, the definition for ``Coasting
device'';
0
b. Revising the definition for ``Motor vehicle'';
0
c. Adding, in alphabetical order, the definition for ``Powered
micromobility device''.
The additions and revision read as follows:
Sec. 1.4 What terms do I need to know?
(a) * * *
Coasting devices means roller skates, skateboards, roller skis,
scooters, or similar wheeled devices that are propelled solely by human
power, except a bicycle.
* * * * *
Motor vehicle means 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, a powered
micromobility device, and a motorized wheelchair.
* * * * *
Powered micromobility device means a human-operated, self-propelled
device with a curb weight of less than 150 pounds and without an
internal combustion engine. This definition does not include an
electric bicycle, motorized wheelchair, snowmobile, vessel, motor
vehicle, or coasting device.
* * * * *
PART 2--RESOURCE PROTECTION, PUBLIC USE AND RECREATION
0
3. The authority citation for part 2 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102.
0
4. Revise Sec. 2.20 to read as follows:
Sec. 2.20 Skating, skateboards, and similar devices.
Using coasting devices is prohibited, except in designated areas.
PART 4--VEHICLES AND TRAFFIC SAFETY
0
5. The authority citation for part 4 continues to read as follows:
Authority: 5 4 U.S.C. 100101, 100751, 320102.
0
6. Add Sec. 4.32 to read as follows:
Sec. 4.32 Powered micromobility devices.
(a) Operating a powered micromobility device is prohibited except
in designated locations. Locations with a surface that is natural
terrain, unimproved by artificial materials such as paving or gravel,
must be designated by rulemaking in the Federal Register. Other
locations, such as park roads, parking areas, administrative roads, and
paved and gravel sidewalks and paths, may be designated by the
superintendent pursuant to Sec. Sec. 1.5 and 1.7 of this chapter.
(b) The superintendent may establish conditions for the use of
powered micromobility devices pursuant to Sec. Sec. 1.5 and 1.7 of
this chapter.
(c) Unless addressed by regulations in this section or by
conditions established by the Superintendent, the use of powered
micromobility devices is governed by State and local law.
(d) A person operating a powered micromobility device is subject to
the following sections of this part that apply to bicycles and electric
bicycles: Sec. Sec. 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(3)
through (5).
(e) Possessing a powered micromobility device in a wilderness area
established by Federal statute is prohibited, unless otherwise allowed
by Federal law.
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-31578 Filed 1-15-25; 8:45 am]
BILLING CODE 4312-52-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.