Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 4701 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2024–0123 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you click 

on the Dockets tab and then the 

proposed rule, you should see a 

‘‘Subscribe’’ option for email alerts. The 

option will notify you when comments 

are posted, or a final rule is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.1153 to read as follows: 

§ 165.1153 Safety Zones; San Pedro Bay, 

Los Angeles and Long Beach, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Port of Los Angeles and Port of Long 

Beach, from surface to bottom, within a 

circle formed by connecting all points 

500-feet out from vessels carrying 

oversized cargo into, out of, or within 

the Los Angeles-Long Beach Port 

Complex. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Los Angeles-Long Beach 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by hailing Coast Guard 

Sector Los Angeles-Long Beach on 

VHF–FM Channel 16 or calling at (310) 

521–3801. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced only during movements 

of vessels carrying oversized cargo into, 

out of, or within the port complex. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement dates and times for safety 

zones via Broadcast Notice to Mariners 

or Local Notices to Mariners. 

Dated: December 31, 2024. 

S.L. Crecy, 

Captain, U.S. Coast Guard, Captain of the 

Port Los Angeles-Long Beach. 

[FR Doc. 2025–00398 Filed 1–15–25; 8:45 am] 

BILLING CODE 9110–04–P 

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: 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: waso_regulations@

nps.gov. Individuals in the United 

States who are deaf, deafblind, hard of 

hearing, or have a speech disability may 


ddrumheller on DSK120RN23PROD with PROPOSALS1
4702 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 

1U.S. Department of Transportation, Federal 

Highway Administration, Fact Sheet on 

Micromobility. 

2Sandt, L. (October 2019). The basics of 

micromobility and related motorized 

devices for personal transport. Pedestrian and 

Bicycle Information Center: Chapel Hill, NC. 

3The 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. 

4U.S. Department of Transportation, Federal 

Highway Administration, Shared Micromobility 

and Equity Primer. 

5U.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. 

7U.S. Department of Transportation, Federal 

Highway Administration, Fact Sheet on 

Micromobility. 

8Blickstein, S. et al. (December 2019). E-Scooter 

Programs: Current State of Practice in US Cities. 

9NABSA 2021 Shared Micromobility State of the 

Industry Report. 

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-ofcontact 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. 

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 motorassisted, 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. 

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

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 4703 

10The 2022 EPA Automotive Trends Report. 

EPA–420–R–23–033 December 2023. 

11Current State of Transportation Needs and 

Priorities, NPS (2021). 

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 selfpropelled 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

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-theground 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. 

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 selfpropulsion 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
4704 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 

12Society of Automotive Engineers Taxonomy 

and Classification of Powered Micromobility 

Vehicles J3194_201911 issued November 20, 2019. 13Sandt, L. (October 2019). The basics of 

micromobility and related motorized devices for 

personal transport. Pedestrian and Bicycle 

Information Center: Chapel Hill, NC. 14See Glen Canyon National Recreation Area Offroad Vehicle Management Plan/Final 

Environmental Impact Statement, Chapter 3: 

Affected Environment, January 2017. 

15 Kumfer, et al. Speed, Kinetic Energy, and the 

Safe Systems Approach to Safer Roadways, ITE 

Journal, April 2019. 

16Rulemaking 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 longterm or significant modification in the resource 

management objectives of the unit. . . .’’ 36 CFR 

1.5(b). 

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. 

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

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. 

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

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 4705 

17Blickstein, S. et al. (December 2019). E-Scooter 

Programs: Current State of Practice in US Cities. 

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 nonconflicting 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. 

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 §§ 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 § 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-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
4706 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 

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 § 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 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102. 

■ 2. Amend § 1.4 in paragraph (a) by: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 4707 

■ a. Adding, in alphabetical order, the 

definition for ‘‘Coasting device’’; 

■ b. Revising the definition for ‘‘Motor 

vehicle’’; 

■ c. Adding, in alphabetical order, the 

definition for ‘‘Powered micromobility 

device’’. 

The additions and revision read as 

follows: 

§ 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 

■ 3. The authority citation for part 2 

continues to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102. 

■ 4. Revise § 2.20 to read as follows: 

§ 2.20 Skating, skateboards, and similar 

devices. 

Using coasting devices is prohibited, 

except in designated areas. 

PART 4—VEHICLES AND TRAFFIC 

SAFETY 

■ 5. The authority citation for part 4 

continues to read as follows: 

Authority: 5 4 U.S.C. 100101, 100751, 

320102. 

■ 6. Add § 4.32 to read as follows: 

§ 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 §§ 1.5 and 1.7 of this 

chapter. 

(b) The superintendent may establish 

conditions for the use of powered 

micromobility devices pursuant to 

§§ 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: §§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 257 

[EPA–HQ–OLEM–2020–0107; FRL–7814.1– 

03–OLEM] 

RIN 2050–AH34 

Hazardous and Solid Waste 

Management System: Disposal of Coal 

Combustion Residuals From Electric 

Utilities; Legacy CCR Surface 

Impoundments; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing to correct errors and clarify 

several provisions published in the 

Federal Register on May 8, 2024. This 

May 8, 2024 rule (Legacy Final Rule) 

established regulatory requirements for 

legacy coal combustion residuals (CCR) 

surface impoundments and CCR 

management units, among other things, 

under the Resource Conservation and 

Recovery Act (RCRA). This proposal 

seeks comment on issues discussed in a 

direct final rule to correct errors and 

clarify in the Legacy Final Rule. 

DATES: Comments must be received on 

or before March 17, 2025. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OLEM–2020–0107, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Land and Emergency 

Management (OLEM) Docket, Mail Code 

28221T, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460. 

• Hand Delivery or Courier (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this proposal, 

contact Frank Behan, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, MC: 5304T, Washington, DC 

20460; telephone number: (202) 566– 

0531; email address: behan.frank@

epa.gov, or Taylor Holt, Office of 

Resource Conservation and Recovery, 

Materials Recovery and Waste 

Management Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, MC: 5304T, Washington, 

DC 20460; telephone number: (202) 

566–1439; email address: Holt.Taylor@

epa.gov. For more information on this 

rulemaking please visit https://

www.epa.gov/coalash. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation—Written 

Comments 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OLEM–2020– 

0107, at https://www.regulations.gov 

(our preferred method), or the other 

methods identified in the ADDRESSES

section. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 


ddrumheller on DSK120RN23PROD with PROPOSALS1