Bureau of Land Management (BLM) is now the third federal agency in three days to publish its plans for e bike use
I don't know if this was intentional or not but three federal agencies on three separate days (back to back) have all published their proposed rules for e bikes in/on their respective lands or parks. The rules are all very similar in that they all make explicit reference to the three classes of ebikes similar to what most states have proscribed however their are slight variations in all three agencies approaches due to where the agencies are at now with e bike regulation and how usage might differ in each of the three different types of federal lands or parks.Once again all the usual suspects are coming out against all these regulations. The latest announcement on class 1 ebikes being banned on NFS land was just spotted by one of our readers here.
The Bureau of Land Management (BLM) likely oversees the largest acreage of land (see fn 1 below) upon which ebikes can/may be used and often this land is managed differently than the National Parks for obvious reasons. So as a result the proposal from BLM is a bit longer than the other two agencies proposals (NPS and FWS). If you would like to read the entire 25 page BLM proposal (quite a detailed history) it is linked here. The proposed rules themselves are set forth below. Public commenting period will run from April 10, 2020 to June 10, 2020. The direct commenting link is here.
(footnote 1: The BLM administers more surface land (245 million acres or one-tenth of America's land base) and more subsurface mineral estate (700 million acres) than any other government agency in the United States.)
List of Subjects in 43 CFR Part 8340
Public lands, Recreation and recreation areas, Traffic regulations.
43 CFR Chapter II
For the reasons set out in the preamble, the Bureau of Land Management proposes to
amend 43 CFR part 8340 as follows:
PART 8340—OFF-ROAD VEHICLES
1. The authority citation for part 8340 continues to read as follows:
Authority: 43 U.S.C. 1201, 43 U.S.C. 315a, 16 U.S.C. 1531 et seq., 16 U.S.C. 1281c, 16
U.S.C. 670 et seq., 16 U.S.C. 460l-6a, 16 U.S.C. 1241 et seq., and 43 U.S.C. 1701 et seq.
Subpart 8340—General
2. Revise §8340.0-5 to read as follows:
§8340.0-5 Definitions.
As used in this part:
(a) Off-road vehicle means any motorized vehicle capable of, or designed for, travel on or
immediately over land, water, or other natural terrain, excluding:
(1) Any nonamphibious registered motorboat;
(2) Any military, fire, emergency, or law enforcement vehicle while being used for
emergency purposes;
(3) Any vehicle whose use is expressly authorized by the authorized officer, or otherwise
officially approved;
(4) Vehicles in official use;
(5) E-bikes, as defined in paragraph (j) of this section:
(i) While being used on roads and trails upon which mechanized, non-motorized use is
allowed;
(ii) That are not being used in a manner where the motor is being used exclusively to
propel the E-bike; and
(iii) Where the authorized officer has expressly determined, as part of a land-use
planning or implementation-level decision, that E-bikes should be treated the same as
non-motorized bicycles; and
(6) Any combat or combat support vehicle when used in times of national defense
emergencies.
(b) Public lands means any lands the surface of which is administered by the Bureau of
Land Management.
(c) Bureau means the Bureau of Land Management.
(d) Official use means use by an employee, agent, or designated representative of the
Federal Government or one of its contractors, in the course of his employment, agency,
or representation.
(e) Planning system means the approach provided in Bureau regulations, directives and
manuals to formulate multiple use plans for the public lands. This approach provides for
public participation within the system.
(f) Open area means an area where all types of vehicle use is permitted at all times,
anywhere in the area subject to the operating regulations and vehicle standards set forth
in subparts 8341 and 8342 of this title.
(g) Limited area means an area restricted at certain times, in certain areas, and/or to
certain vehicular use. These restrictions may be of any type, but can generally be
accommodated within the following type of categories: Numbers of vehicles; types of
vehicles; time or season of vehicle use; permitted or licensed use only; use on existing
roads and trails; use on designated roads and trails; and other restrictions.
(h) Closed area means an area where off-road vehicle use is prohibited. Use of off-road
vehicles in closed areas may be allowed for certain reasons; however, such use shall be
made only with the approval of the authorized officer.
(i) Spark arrester is any device which traps or destroys 80 percent or more of the exhaust
particles to which it is subjected.
(j) Electric bicycle (also known as an E-bike) means a two- or three-wheeled cycle with
fully operable pedals and an electric motor of not more than 750 watts (1 h.p.) that meets
the requirements of one of the following three classes:
(1) Class 1 electric bicycle shall mean an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling, and that ceases to provide assistance
when the bicycle reaches the speed of 20 miles per hour.
(2) Class 2 electric bicycle shall mean an electric bicycle equipped with a motor that may
be used exclusively to propel the bicycle, and that is not capable of providing assistance
when the bicycle reaches the speed of 20 miles per hour.
(3) Class 3 electric bicycle shall mean an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling, and that ceases to provide assistance
when the bicycle reaches the speed of 28 miles per hour.
Subpart 8342—Designation of Areas and Trails
3. Amend §8342.2 by adding paragraph (d) to read as follows:
§8342.2 Designation procedures.
*****
(d) E-bikes.
(1) Authorized officers should generally allow, as part of a land-use
planning or implementation-level decision, E-bikes whose motorized features are being
used to assist human propulsion on roads and trails upon which mechanized, nonmotorized
use is allowed, unless the authorized officer determines that E-bike use would
be inappropriate on such roads or trails; and
(2) If the authorized officer allows E-bikes in accordance with this paragraph (d), an Ebike
user shall be afforded all the rights and privileges, and be subject to all of the duties,
of user of a non-motorized bicycle.
[FR Doc. 2020-07099 Filed: 4/9/2020 8:45 am; Publication Date: 4/10/2020]
