April 6, 2020

U.S. Fish and Wildlife Service seeks public comments on use of e-bikes on the National Wildlife Refuge System

The U.S. Fish and Wildlife Service is seeking public comments on the use of e-bikes on the National Wildlife Refuge System. The National Wildlife Refuge System Administration Act closes national wildlife refuges in all States except Alaska to all uses until opened. This proposed rule only pertains to the National Wildlife Refuge System (map) and NOT to National Parks (map) nor general National Forrest service land (map). The Refuge System is a network of 568 national wildlife refuges and 38 wetland management districts. More than 59 million Americans visit refuges every year so the ebike companies may still be interested in this and it may affect decisions made on other federal land.

Department of the Interior (DOI) Secretary’s Order 3376 directs DOI bureaus to begin the process of obtaining public input on proposed new regulations that will clarify that operators of low-speed electric bicycles (e-bikes) should enjoy the same access as conventional bicycles, consistent with other Federal and State laws. Refuge managers will have the ability in the short term to utilize the flexibility they have under current regulations to accommodate this new technology, that assists riders as they pedal, in a way that allows them to enjoy the bicycling experience. DOI’s guidance will enable visitors to use these bicycles with a small electric motor (not more than 750 watts or 1 horsepower) power assist in the same manner as traditional bicycles. The operator of an e-bike may use the small electric motor only to assist pedal propulsion. The motor may not be used to propel an e-bike without the rider also pedaling.

The comments on the proposed rule below can be made most effectively using the government's regulations.gov portal. The direct link to comment is here. The comment period begins on or about April 7 2020 and ends 60 days after on June 7, 2020. 

The proposed amendment is set forth below:

50 CFR Part 27

Subpart C—Disturbing Violations: With Vehicles

2. Amend § 27.31 by redesignating paragraph (m) as paragraph (n) and adding a new
paragraph (m) to read as follows:

§ 27.31 General provisions regarding vehicles.

(m) If the refuge manager determines that electric bicycle (also known as an e-bike) use
is a compatible use on roads or trails, any person using the motorized features of an e-bike as an
assist to human propulsion shall be afforded all the rights and privileges, and be subject to all of
the duties, of the operators of non-motorized bicycles on roads and trails. An e-bike is a two- or
three-wheeled electric bicycle 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 e-bike 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 e-bike 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 e-bike 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.


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