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[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 [www.gpo.gov]
[FR Doc No: 2024-31578]

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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.

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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: https://www.regulations.gov. 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 https://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
https://www.regulations.gov 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: [email protected]. 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 https://www.regulations.gov 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 https://www.pedbikeinfo.org/for 
more information.
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    \1\ U.S. Department of Transportation, Federal Highway 
Administration, Fact Sheet on Micromobility.
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    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.
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    \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.
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    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\
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    \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.
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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\
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    \10\ The 2022 EPA Automotive Trends Report. EPA-420-R-23-033 
December 2023.
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    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.
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    \11\ Current State of Transportation Needs and Priorities, NPS 
(2021).
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    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.
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    \12\ Society of Automotive Engineers Taxonomy and Classification 
of Powered Micromobility Vehicles J3194_201911 issued November 20, 
2019.
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    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\
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    \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.
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    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.
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    \15\ Kumfer, et al. Speed, Kinetic Energy, and the Safe Systems 
Approach to Safer Roadways, ITE Journal, April 2019.
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    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\
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    \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).
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    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.
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    \17\ Blickstein, S. et al. (December 2019). E-Scooter Programs: 
Current State of Practice in US Cities.
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    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 https://www.regulations.gov/ 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
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