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National Park Service Getting Around To eBike Regulations

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More than six months after the National Park Service approved eBike use in some areas of the National Park System, the agency is getting around to drafting regulations for the motorized bikes/Acadia National Park carriage road, Rebecca Latson file

More than six months after Interior Secretary David Bernhardt ordered the National Park Service to expand access for eBike users in the National Park System, the agency is getting around to drafting regulations for the motorized cycles and would soon seek public input.

"E-bikes shall be allowed where other types of bicycles are allowed; and E-bikes shall not be allowed where other types of bicycles are prohibited," Bernhardt wrote in his order, released one late August evening last year.

In issuing the order, Bernhardt said the decision "simplifies and unifies regulation of electric bicycles (eBikes) on Federal lands managed by the Department and also decreases regulatory burden."

The policy change came without public disclosure and without an opportunity for the public to comment on the proposal before it was implemented, moves that appear in conflict with the Code of Federal Regulations. The secretarial order called for the policy to be adopted "unless otherwise prohibited by law or regulation" within two weeks. It also called for public comment, after the fact, some time in the future.

On Thursday, the National Park Service announced it was seeking public input for eBike regulations.

“From urban areas to natural landscapes, bicyclists flock to national parks to exercise and soak in the scenery,” said National Park Service Deputy Director David Vela, who is the agency's de facto director. “Allowing the use of eBikes expands opportunities, especially to those with disabilities or other limitations, to access and enjoy the great outdoors.” 

Currently, more than 380 national parks have evaluated eBike use in response to the NPS policy, the agency said. As eBikes become more popular both on and off National Park Service-managed lands, the agency has recognized the need to address this emerging form of recreation and active transportation in its regulations. The proposed regulation would define the term “electric bicycle” and allow superintendents to provide for eBike use.

The issue of giving eBike users access to trails where muscle-powered bicycles can travel in the National Park System has been controversial.

Opposition has been voiced by dozens of conservation groups, who fear permitting the motorized bikes on those trails will create a "slippery slope" that will lead to future problems with managing those trails.

Back in December the Public Employees for Environmental Responsibility advocacy group filed a lawsuit to overturn the Interior Department's move to expand eBike access in the National Park System. The 31-page filing, made by PEER with three other conservation groups and two individuals, charged that the decision-making process was flawed in that it violated not only the Administrative Procedures Act but also the National Environmental Policy Act. The plaintiffs also argued that an advisory committee comprised of industry friendly representatives met regularly with Interior officials to lobby for the increased access and helped develop the new policy.

"This eBikes order illustrates an improper and destructive way to manage our national parks,” said PEER Executive Director Tim Whitehouse at the time. “Concerned groups and individuals are joining PEER in demanding that the Park Service follow the normal regulatory processes and assess the additional impacts that higher speed eBike riders pose both to other trail users and to wildlife in the parks.”

John Freemuth, a Boise State University professor who holds the Cecil D. Andrus Endowed Chair for Environment and Public Lands, last fall wrote that one concern with eBikes is that they go faster than people walk.

"Because they’re so fast, you could have a collision a lot more easily than somebody on a regular bike," he wrote in a piece for The Conversation. "It’s alarming people because it goes against why some of these places were set aside and protected. There’s obviously a place for e-bikes in a park unit. But there are places, perhaps, where they shouldn’t be allowed because other people go to national parks for experiences that don’t include whipping around on bikes at 20 miles an hour."

At the time, the professor said there was nothing inherently wrong with eBike use on public lands; the question is where is that use appropriate?

"This is public land, and there’s nothing wrong with some use. The question is, though, where is it appropriate and where is it inappropriate? That’s just the dialogue I think we all have to have with each other," wrote Freemuth.

According to the Park Service release Thursday, the regulations "would state that the operator of an eBike may only use the motor to assist pedal propulsion, except in locations open to public motor vehicle traffic. eBbikes, like traditional bikes, would not be allowed in designated wilderness areas."

At the Coalition to Protect America's National Parks, Mike Murray said Thursday that the organization looked forward to a "vigorous" public discussion regarding appropriate areas for eBikes in the park system.

"Since the NPS issued its new eBike policy, the Coalition has advocated for the NPS to conduct formal rulemaking before it allows any further use of eBikes within units of the National Park System. We believe that rulemaking is necessary to legally authorize the use of eBikes in parks due to the clear conflict between the new policy and the existing regulatory definition of bicycle at 36 CFR Section 1.4," Murray told the Traveler in an email. "We are glad to hear that NPS is going the conduct the proper rulemaking and public participation process. We expect there will be vigorous public interest and comment regarding the appropriateness of allowing any class of eBikes in parks and about which class(es) may be the most appropriate.  We plan to submit formal comments after we've had a chance to review the proposed rule." 

That said, the Coalition believes it'd be worthwhile to delay acting on eBike regulations at this time.

"Given the ongoing and growing impacts of the COVID-19 pandemic, we strongly believe that NPS should focus its attention on immediately addressing critical employee and visitor safety concerns as the contagion spreads. Too many parks remain open despite the overwhelming evidence that the virus can and is being transmitted by asymptomatic individuals already infected with the disease," said Murray. "Continuing to allow tens of thousands of travelers to visit parks and congregate at popular viewpoints and trails is simply inexcusable. It is completely unnecessary for NPS to initiate this non-urgent rulemaking process right now. It should be delayed until early next fall while the country copes with this horrendous pandemic."

The Park Service release did not say when the proposed regulations would be available for public review.

There are three "classes" of eBikes:

* Class 1: eBikes that are pedal-assist only, with no throttle, and have a maximum assisted speed of 20 mph.

* Class 2: eBikes that also have a maximum speed of 20 mph, but are throttle-assisted.

* Class 3: eBikes that are pedal-assist only, with no throttle, and a maximum assisted speed of 28 mph.

"Class 2 may not be suitable for singletrack mountainbike trails - it has been shown that they pose greater physical damage to trails due to the throttle-actuation," writes eBike manufacturer Bosch on its website. "Class 2 may be better suited for multi-use OHV trails designed for more rugged off-road vehicles.

"Class 3 eBikes are typically allowed on roads and on-road bike lanes (“curb to curb” infrastructure), but restricted from bike trails and multiuse paths. While a 20-mph maximum speed is achievable on a traditional bicycle, decision makers and agencies consider the greater top-assisted speed of a Class 3 eBike too fast for most bike paths and trails that are often shared with other trail users."

Comments

Okay, please help me make sure I understand what happened on this issue.

1.  David Bernhardt ordered the NPS to expand eBike access in NPS units with the emphatic assertion that his order "simplifies and unifies regulation of electric bicycles (eBikes) on Federal lands managed by the Department and also decreases regulatory burden."  And, he issued that order in August, 2019.

2.  In December, 2019, more than three months later, a watchdog group with a long history of visibility into Interior operations filed suit charging that "the decision-making process was flawed  ...violated not only the Administrative Procedures Act but also" NEPA and that there was enough solid evidence to argue that "an advisory committee comprised of industry friendly representatives met regularly with Interior officials to  ...develop the new policy."

3.  Thursday, in April of 2020, more than seven months after Bernhardt issued the order, the NPS revealed that "more than 380 national parks have evaluated eBike use in response to" the policy, that they're now ready to "define the term" electric bicycle and eBike, and that the NPS is just now, again more than seven months after Bernhardt issued the order, "seeking public input" on the policy.  Do you think they'll define the term to taint the debate before calling for public input or, worse, just handwave and "shine it on" in true GOP fashion since the public's input clearly doesn't matter anyway?  And, David Vela, who is rapidly becoming known among many of his colleagues as the "Mick Mulvaney" of the NPS, is just fine with all of this and quite willing to sing and dance to the Trump Administration's tune.

I know this is going to make the dopers angry; but, do I have all of this history right?  


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