September 4, 2024

Consumer Product Safety Commission (CPSC) fall update 2024

Federal law requires each agency to publish, twice a year, a regulatory agenda of regulations under development or review during the next year. 58 FR 51735. Agencies may combine this agenda with the regulatory flexibility agenda required under the RFA. The agenda required by Executive Order 12866 must include all the regulations the agency expects to develop or review during the next 12 months, regardless of whether they may have a significant economic impact on a substantial number of small entities. So with that backdrop we take a look at the Semiannual Regulatory Agenda proposed by the Consumer Product Safety Commission on August 16 2024.

The first thing we noticed is the absence in the Semiannual Regulatory Agenda (SRA) of any reference to the looming "electronic certificates of compliance" which we last reported on in Feb 2024. It was announced today (Sept 4 2024) that the "final" rule would be issued in 2025. No idea when it will be made effective but we suspect 3-6 months after issuance. This will have a huge effect on the bike industry depending on how 16 CFR 1512 is interpreted by the commission (if its viewed as complete bike regulation or a component regulation) and how our Feb 2024 comments are dealt with by the commission. (no word on that yet) 

Also there is a lack of any information in the SRA related to "e-bikes" or "e bike batteries" as well. Don't forget the huge fanfare regarding this meeting in July 2023 and now, you guessed it, crickets from CPSC. We will keep you posted on the latest regarding the forgoing. But it does not look like a very active year for CPSC as it relates to bikes, e-bikes or e bike batteries. I guess we will have to wait for Congress to act.

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