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Off-Road Vehicle Use; Correction Publication: Federal Register Agency: Bureau of Reclamation Byline: Tanya Trujillo Date: 26 October 2021 Subjects: American Government  , Motorcycles
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[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59039-59041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23269]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 420
[RR85672000, 22XR0680A2, RX.31480001.0040000]
RIN 1006-AA57
Off-Road Vehicle Use; Correction
AGENCY: Bureau of Reclamation, Interior.
ACTION: Correcting amendment.
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SUMMARY: We, the Bureau of Reclamation (Reclamation), published a final
rule in the Federal Register on October 22, 2020, to add a definition
for electric bikes (E-bikes) and exclude E-bikes from the regulatory
definition of an off-road vehicle. Since the publication of the final
rule, an editorial error was discovered in the definitions section.
This action makes the necessary correction to the final rule.
DATES: This correction is effective October 26, 2021.
FOR FURTHER INFORMATION CONTACT: Ronnie Baca, Asset Management
Division, Bureau of Reclamation, P.O. Box 25007, Denver, CO 80225;
(303) 445-3257; rbaca@usbr.gov. If you use a telecommunication device
for the deaf (TDD), you may call the Federal Relay Service at (800)
877-8339 to contact us.
SUPPLEMENTARY INFORMATION: On August 29, 2019, the Secretary of the
Interior signed Secretarial Order 3376 (SO), Increasing Recreation
Opportunities Through the Use of Electric Bikes, that directed
Reclamation and other Department of the Interior (Department) bureaus
(Bureau of Land Management, National Park Service, and the U.S. Fish
and Wildlife Service) to increase recreation opportunities and expand
access on public lands. The SO addressed regulatory uncertainty on how
bureaus within the Department manage recreational opportunities for E-
bikes on trails and paths where traditional bikes are allowed. To
implement this SO, Reclamation published an amendment to 43 CFR part
420 on October 22, 2020 (85 FR 67294)
[[Page 59040]]
to add a definition for E-bikes and exclude E-bikes from the regulatory
definition of an off-road vehicle where E-bikes are being used on roads
and trails where mechanized, non-motorized use is allowed, where E-
bikes are not propelled exclusively by a motorized source, and
appropriate Reclamation Regional Directors expressly determine through
a formal decision that E-bikes should be treated the same as non-
motorized bicycles.
In the final rule document 2020-22108, appearing on page 67298, in
the third column, in Sec. 420.5(a), ``Off-road vehicle means any
motorized vehicle (including standard automobile) designed for or
capable of cross-country travel on or immediately over land, water,
sand, snow, ice, marsh, swampland, or natural terrain. The term
includes:'' is to be corrected to read ``Off-road vehicle means any
motorized vehicle (including standard automobile) designed for or
capable of cross-country travel on or immediately over land, water,
sand, snow, ice, marsh, swampland, or natural terrain. The term
excludes''. The intended purpose of the SO was to increase recreation
opportunities through the use of E-bikes. This correction allows E-
bikes to not be subject to the restrictions set forth in 43 CFR part
420. This exclusion from the definition aligns Reclamation's
regulations with the purpose of the SO and with the other Bureaus'
regulations. To correct the editorial error discovered in the final
rule publication, ``the term includes'' must be revised to ``the term
excludes'' in the definition.
Administrative Procedure
As explained above, this correcting amendment is necessary to
correct an editorial error in the final rule. Neither the final rule
nor this amendment alters the compliance statements issued in the final
rule. Therefore, under these circumstances, we have determined,
pursuant to 553(b)(3)(B), that prior notice and opportunity for public
comment are impractical and unnecessary. Public comment could not
inform this process in any meaningful way. We have further determined
that, under 5 U.S.C. 553(d)(3), the agency has good cause to make this
correction effective upon publication, which is to comply with our
regulations as soon as practicable.
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this correcting
amendment is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 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. We have developed this
correcting amendment in a manner consistent with these requirements.
Regulatory Flexibility Act
This correcting amendment will 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.).
Small Business Regulatory Enforcement Fairness Act
This correcting amendment is not a major rule under 5 U.S.C.
804(2), the Small Business Regulatory Enforcement Fairness Act. This
correcting amendment:
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 (UMRA)
This correcting amendment does not impose an unfunded mandate on
State, local, or tribal governments or the private sector of more than
$100 million per year. This correcting amendment does not have a
significant or unique effect on State, local, or tribal governments or
the private sector. The correcting amendment is a technical amendment
that corrects an editorial error in a previously published final rule
and imposes no requirements on other agencies or governments. A
statement containing information required by the UMRA (2 U.S.C. 1531 et
seq.) is not required.
Takings (Executive Order 12630)
This correcting amendment does not affect a taking of private
property or otherwise have taking implications under Executive Order
12630. This correcting amendment is not a government action capable of
interfering with constitutionally protected property rights. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this
correcting amendment does not have sufficient federalism implications
to warrant the preparation of a federalism summary impact statement. It
does not have a substantial direct effect on the States, on the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the levels of
government. A federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This correcting amendment complies with the requirements of
Executive Order 12988. Specifically, this correcting amendment:
(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 (Executive Order 13175 and Departmental
Policy)
The Department 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. We have evaluated this correcting amendment
under the Department's consultation policy and under the criteria in
Executive Order
[[Page 59041]]
13175 and have determined that it has no substantial direct effects on
federally recognized Indian tribes and that consultation under the
Department's tribal consultation policy is not required.
Paperwork Reduction Act of 1995
This correcting amendment does not contain information collection
requirements, and a submission to the Office of Management and Budget
under the Paperwork Reduction Act is not required.
National Environmental Policy Act
This correcting amendment 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 amendment is categorically excluded
from NEPA analysis under DOI categorical exclusion, 43 CFR 46.210(i),
which covers ``Policies, directives, regulations, and guidelines: That
are of an administrative, financial, legal, technical, or procedural
nature; or whose environmental effects are too broad, speculative, or
conjectural to lend themselves to meaningful analysis and will later be
subject to the NEPA process, either collectively, or case-by-case.''
This correcting amendment is a technical amendment that corrects an
editorial error discovered in the 43 CFR part 420 that published on
October 22, 2020 (85 FR 67294).
Pursuant to 43 CFR 46.205(c), Reclamation has reviewed its reliance
upon this categorical exclusion against the list of extraordinary
circumstances, at 43 CFR 46.215, and has found that none are applicable
for this correcting amendment. Therefore, neither an environmental
assessment nor an environmental impact statement is required for this
correcting amendment.
Effects on the Energy Supply (Executive Order 13211)
This correcting amendment is not a significant energy action under
the definition in Executive Order 13211. A Statement of Energy Effects
is not required. This correcting amendment will not have a significant
effect on the nation's energy supply, distribution, or use.
List of Subjects in 43 CFR Part 420
E-bikes, Recreation.
For the reasons stated in the preamble, we amend part 420, title 43
of the Code of Federal Regulations, with the following correcting
amendment:
PART 420--OFF-ROAD VEHICLE USE
0
1. The authority citation for part 420 continues to read as follows:
Authority: 32 Stat. 388 (43 U.S.C. 391 et seq.) and acts
amendatory thereof and supplementary thereto; E.O. 11644 (37 FR
2877).
0
2. In Sec. 420.5, revise paragraph (a) introductory text to read as
follows:
Sec. 420.5 Definitions.
* * * * *
(a) Off-road vehicle means any motorized vehicle (including
standard automobile) designed for or capable of cross-country travel on
or immediately over land, water, sand, snow, ice, marsh, swampland, or
natural terrain. The term excludes:
* * * * *
Tanya Trujillo,
Assistant Secretary for Water and Science.
[FR Doc. 2021-23269 Filed 10-25-21; 8:45 am]
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