Requirements for Bicycles Comments Received, Go to That Certifications for Nonchildren’S

67043 Proposed Rules Federal Register Vol. 75, No. 210 Monday, November 1, 2010 This section of the FEDERAL REGISTER Instructions: All submissions received not apply to specific bicycles or bicycle contains notices to the public of the proposed must include the agency name and parts, delete an outdated reference, and issuance of rules and regulations. The docket number for this proposed rule. correct typographical errors in the purpose of these notices is to give interested All comments received may be posted bicycle reflector performance test. persons an opportunity to participate in the without change to http:// The proposal also would facilitate the rule making prior to the adoption of the final rules. www.regulations.gov, including any testing and certification required by personal information provided. Do not section 14 of the Consumer Product submit confidential business Safety Act (CPSA), 15 U.S.C. 2063, as CONSUMER PRODUCT SAFETY information, trade secret information, or amended by section 102 of the CPSIA. COMMISSION other sensitive or protected information Section 14 of the CPSA requires (such as a Social Security Number) manufacturers and private labelers of a [CPSC Docket No. CPSC–2010–0104] electronically; if furnished at all, such product subject to a CPSC rule, ban, information should be submitted in standard, or regulation to certify 16 CFR Part 1512 writing. compliance of the product with such RIN 3041–AC95 Docket: For access to the docket to rule, ban, standard, or regulation. read background documents or Section 14(a)(1) of the CPSA requires Requirements for Bicycles comments received, go to http:// that certifications for nonchildren’s www.regulations.gov. products be based on a test of each AGENCY: Consumer Product Safety product or upon a reasonable testing Commission. FOR FURTHER INFORMATION CONTACT: Vincent J. Amodeo, Mechanical program. Section 14(a)(2) of the CPSA ACTION: Notice of proposed rulemaking. Engineer, Directorate for Engineering requires that certifications for children’s SUMMARY: The Consumer Product Safety Sciences, U.S. Consumer Product Safety products be based on tests conducted by Commission (‘‘CPSC,’’ ‘‘Commission,’’ or Commission, 4330 East West Highway, a CPSC-accepted third party conformity ‘‘we’’) is proposing to amend its bicycle Bethesda, MD 20814; e-mail assessment body (also commonly regulations. The proposed amendments [email protected]; phone 301–504– referred to as a third party laboratory or would make minor changes to certain 7570. simply as a laboratory). Under section requirements to reflect the development SUPPLEMENTARY INFORMATION: 14(a)(3) of the CPSA, the requirement to third-party test children’s products of new technologies, designs, and I. Background features in bicycles and clarify that applies to products manufactured more certain provisions or testing CPSC regulations, at 16 CFR part than 90 days after the CPSC has requirements do not apply to specific 1512, establish requirements for established and published notice of the bicycles or bicycle parts. The proposal bicycles pursuant to the Federal requirements for accreditation of third also would delete an outdated reference Hazardous Substances Act. The party conformity assessment bodies to and correct typographical errors in the regulations were first promulgated in assess conformity with a particular rule. bicycle reflector performance test. 1978 (43 FR 60034 (Dec. 22, 1978)), with In the Federal Register of September 2, minor amendments in 1980 (45 FR 2009 (74 FR 45428), the CPSC published DATES: Comments on this proposed rule 82627 (Dec. 16, 1980)), 1981 (46 FR a notice of the requirements for should be submitted by January 18, accreditation of third party conformity 2011. 3204 (Jan. 14, 1981)), 1995 (60 FR 62990 (Dec. 8, 1995)), and 2003 (68 FR 7073 assessment bodies to assess conformity ADDRESSES: You may submit comments, (Feb. 12, 2003)); 68 FR 52691 (Sept. 5, with 16 CFR part 1512. identified by Docket No. CPSC–2010– 2003)). However, in the Federal Register of 0104, by any of the following methods: In recent years, there have been February 9, 2009 (74 FR 6396), the Electronic Submissions: Submit technological changes in bicycle design Commission published a notice electronic comments in the following and in the materials used to announcing that it had stayed, for one way: manufacture bicycles that have caused year, the testing and certification Federal eRulemaking Portal: http:// some bicycle manufacturers to question requirements of section 14 of the CPSA www.regulations.gov. Follow the the applicability of a particular CPSC as applied to 16 CFR part 1512, and instructions for submitting comments. regulation or to seek changes to the most other CPSC regulations. The stay To ensure timely processing of regulations. Additionally, the enactment was intended to give the CPSC time to comments, the Commission is no longer of the Consumer Product Safety address many issues raised by the accepting comments submitted by Improvement Act of 2008 (CPSIA), CPSIA’s testing and certification electronic mail (e-mail) except through Public Law 110–314, 122 Stat. 3016, has requirements (Id. at 6397). Later, in the http://www.regulations.gov. resulted in new testing and certification Federal Register of December 28, 2009 Written Submissions: Submit written requirements for children’s products (74 FR 68588), the Commission submissions in the following way: and new limits on lead in children’s published a notice that revised the Mail/Hand delivery/Courier (for products and on phthalates in children’s terms of the stay. The Commission paper, disk, or CD–ROM submissions) toys. maintained the stay on the testing and preferably in five copies, to: Office of the The proposed rule would amend 16 certification requirements for the Secretary, U.S. Consumer Product CFR part 1512, which will clarify bicycle regulations until May 17, 2010, Safety Commission, Room 820, 4330 certain safety requirements for bicycles. because there was insufficient East West Highway, Bethesda, MD The proposal would clarify that certain laboratory capacity for third party 20814; telephone (301) 504–7923. provisions or testing requirements do testing of bicycles at that time (Id. at VerDate Mar<15>2010 13:08 Oct 29, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\01NOP1.SGM 01NOP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 67044 Federal Register / Vol. 75, No. 210 / Monday, November 1, 2010 / Proposed Rules 68590). The Commission invited bicycle newer bicycles may use other means to than 635 mm (25.0 in); the seat height manufacturers and laboratories to connect the stem to the fork. For is measured with the seat adjusted to its petition the Commission for additional example, a ‘‘threadless’’ stem clamps highest position.’’ The proposed rule relief if the extension of the stay proved onto the outside of the steerer [rather would amend the definition of sidewalk insufficient. than having the stem go inside the bicycle by adding a sentence stating that On April 1, 2010, the Bicycle steerer], and so we will refer to such recumbent bicycles are not considered Products Suppliers Association (BPSA), other types of stems as ‘‘nonquill-type sidewalk bicycles. Although some which describes itself as an association stems.’’) recumbent bicycles may have seats of suppliers of bicycles, parts, In its letter responding to the BPSA’s below the 635 millimeter height, accessories, and services who serve the petition, the Commission recumbent bicycles do not share other specialty bicycle retailer, petitioned the communicated its decision to extend the features, or the intended riders, of Commission for an additional extension stay until August 14, 2010, with the two sidewalk bicycles. Thus, the proposal of the stay. (The April 1, 2010, BPSA exceptions for reflector testing and would have the effect of clarifying petition, along with all other stems. We stated that we are aware that which requirements are applicable to correspondence discussed in this 16 CFR part 1512 does not adequately recumbent bicycles. preamble, may be viewed at http:// address some new technologies, 2. Track Bicycles (§ 1512.2(d)) www.regulations.gov in the docket for designs, or materials, and we asked that this rulemaking.) The BPSA contended manufacturers who believe that they are The existing regulation, at § 1512.2(d), that there still was insufficient unable to certify current designs to 16 defines a ‘‘track bicycle’’ as ‘‘a bicycle laboratory capacity to handle testing of CFR part 1512 provide the Commission designed and intended for sale as a children’s bicycles. It also asserted that with specific information regarding competitive machine having tubular 16 CFR part 1512 is out of date in many which provisions of the current tires, single crank-to-wheel ratio, and no respects, stated its understanding that regulation are problematic, which free-wheeling feature between the rear the CPSC may commence rulemaking to models or classes of bicycles are wheel and the crank.’’ Track bicycles are revise part 1512 in the near future, and affected, and an explanation of the not subject to the requirements of 16 urged the Commission to begin such issue. CFR part 1512, yet the proposed rule rulemaking. The BPSA suggested that In response, on June 4, 2010, the would amend the definition of track the Commission maintain the stay on BPSA sent a chart to the CPSC bicycle to clarify further which bicycles testing and certification of bicycles until identifying areas in the bicycle are not subject to the regulations. The such a rulemaking concludes, or for an regulations that the BPSA considered proposed rule would add the word additional year. problematic for certification. This chart ‘‘velodrome’’ between ‘‘competitive’’ and On May 3, 2010, CPSC staff met with differed slightly from a chart that the ‘‘machine,’’ to clarify that a track bicycle representatives of the BPSA to discuss BPSA had provided informally to CPSC is one intended for competitive the petition. (A summary of the meeting staff earlier in 2010.

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