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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Hearings on round two of the 25% tariff increase set for June 17 2019

This appears to be round two of the 25% tariff increase. More categories of products are being included. The additional List 4 of goods valued at approximately $300 billion include but are not limited to livestock, foodstuffs, chemicals, plastics, garments, footwear, housewares, ceramics, glass, steel, iron, aluminum, tools, machinery, electronics, computers, toys, and exercise equipment. There are some bicycle related products in the list. If you wish to search for your harmonized tariff Schedule (HTS) subheading see this pdf starting on page 3.  Form more information on the hearings see this link.

In order to submit a written formal comment before June 17 2019 you can click the green button near the top of the page entitled "submit a formal comment" on this page

This is a list of bicycle products affected by this current proposed Tariff as attached in the request to testify by Matt More on behalf of QBP and BPSA regarding this current round of proposed Tariffs (Docket No. USTR-2019-0004)

There are now over 1200 letters officially on file (as of June 13 2019) with the USTR voicing opposition to the tariffs 

SUMMARY:
In accordance with the direction of the President, the U.S. Trade Representative (Trade Representative) proposes a modification of the action being taken in this Section 301 investigation of the acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation. The proposed modification is to take further action in the form of an additional ad valorem duty of up to 25 percent on products of China with an annual trade value of approximately $300 billion. The products subject to this proposed modification are classified in the HTSUS subheadings set out in the Annex to this notice. The Office of the U.S. Trade Representative (USTR) is seeking public comment and will hold a public hearing regarding this proposed modification.

DATES:
To be assured of consideration, you must submit comments and responses in accordance with the following schedule:

June 10, 2019: Due date for filing requests to appear and a summary of expected testimony at the public hearing.

June 17, 2019: Due date for submission of written comments.

June 17, 2019: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, that begins at 9:30 a.m.

The earlier batch of products hit with the 25% tariff on May 10, 2019 are at this link

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Official list of goods and items affected by Tariff increase on May 10 2019 (part of China trade war)

For those of you that have been looking this is the complete 194 page list of all items that will be affected by the 25% tariff that was announced to take effect on May 10, 2019. (Tariff List 83 FR 47974 as amended and modified by 83 FR 49153) No telling how long this tariff will last. This is a searchable list. For example search for "bicycle" or "tire" or "rubber". Try a few different terms as your item may not be described in here in the same way you would normally describe it. This was the list of bicycle related tariffs from last fall 2018 when the tariffs went to 10%. You can use this old list (compiled courtesy of BPSA Bicycle Products Suppliers Assn) to cross check against the new 25% list above. This was the official announcement for the 25% tariff effective May 10 2019.

Clearly this can't last for long without having a substantial negative effect on the economy. Oxford Economics reports that the tariff hike will cost U.S. economy $29 billion by 2020 and cost the global economy $105 billion.

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