Showing posts with label 16 CFR 1512. Show all posts
Showing posts with label 16 CFR 1512. Show all posts

December 2, 2024

CPSC final vote on electronic certificates of compliance / conformity likely on December 18 2024

Further to my last post here in Feb 2024 the Consumer Product Safety Commission (CPSC) in a notice issued today has finally reviewed all 47 comments made last December (2023) regarding its Supplemental Notice of Proposed rule making issued December 8 2023. I was one of the commenters and my two suggestions were agreed to by the CPSC. 

First the CPSC agreed that there was no merit in their argument that all bicycle components (like stems or wheels) enumerated in 16 CFR 1512 (the old bike standard for human powered bikes and under 20 mph e bikes) required separate (or any) certificates of compliance for adult (intended for use by children over 12) components as 16 CFR 1512 was a complete bike standard and there was no way to use the standard to independently test component parts in cases where those exact or similar components were to be sold separately. This is because the 16 CFR 1512 standard only contemplates testing those components in the standard for the specific bike they are to be part of. This seemed like common sense but had to be pointed out to the Commission (as apparently the newbies at the CPSC got a bit over zealous). So that's good news. (see pages 26-26)

Also the Commission agreed to extending the effective (compliance date) from 3 months after passage (which is what they wanted in December 2023) to a minimum of 12 months after passage. Its will be 24 months for those who import from a "Foreign Trade Zone (FTZ)" (see page 15).

For just a copy of the proposed law itself without all the comments see this document.

The next step after the December 4 2024 meeting at CPSC is to have the CPSC commission members vote on the proposal on December 18 2024. I suspect it will pass "as is" and will go into effect for most importing bike companies / brands in December 2025 or January 2026. But there is A LOT of work to be done before December 2025 for companies selling complete (adult) bikes, and especially children's bikes (and components for children's bikes). Importers of components for bikes and ebikes are, for now, somewhat off the hook under this current proposal. (Provided there is no CPSC standard that pertains to the component)

A point to note here is that because there is no CPSC standard on ebike batteries at this point this certificates of conformity / compliance issue really does not affect that entire issue (which is also related to the de minimis rule).  There is still federal legislation pending on the de minimis issue and the e bike battery issue.

Finally there is the issue of what the Trump administration is going to do with the CPSC, if anything. We of course will have to wait and see on that. But it appears that this new regulation will get passed before Trump takes office and the question of course is will the Trump Administration allow the rule to go into force in December 2025 or will it be delayed again. Just as a reminder the electronic certificates of compliance / conformity law (Consumer Product Safety Improvement Act; "CPSIA") was passed by Congress in 2008 (and signed by George Bush) and it has taken the CPSC 16 years to get around to finally coming up with a regulation to finally put that section of CPSIA into full effect.

Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2020 Conditions of Use

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.

Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2020 Conditions of Use

August 5, 2024

Analysis: CPSC's Amazon decision is a reminder to the industry

Originally Published August 1, 2024

(this story is reprinted with Permission from this original post)
Editor's note: Industry attorney Steven Hansen shared the following analysis of this week's administrative decision by the Consumer Product Safety Commission, which found that Amazon should be considered a distributor of the products it sells, and is therefore responsible for the safety of the products. Hansen's website is www.swhlaw.com.


This is a very critical administrative decision  (read it here) by the Consumer Product Safety Commission. This case was brought by the CPSC against Amazon in July of 2021 and was just resolved this July 2024. I suspect Amazon will appeal this decision to a federal court as it's a big decision against Amazon.

What we find interesting and enlightening for our readers is two points.
First, Amazon argued before an Administrative Law Judge and the Commission that it was not a "distributor" and thus bore no responsibility for the safety of the products sold under its "Fulfilled by Amazon" (FBA) program.

Secondly, this is a reminder to all distributors and retailers out there in consumer product land that the CPSC regulations place a legal recall obligation on all entities in the chain of distribution of the product. This means if the brand (in the USA) or the manufacturer (usually in Asia and usually will not initiate voluntary recalls) does NOT conduct a recall, then you (the distributor, importer or even main retailer) may have the obligation to do so as the next entity down the chain.
The recall obligation is generally when any product does not comply with a federal safety law (ie 16 CFR 1512 et seq) or when the product may comply with a federal regulation but still contains a "substantial product hazard." Amazon knew the second point and so it just tried to argue it was NOT a distributor. 

What we find interesting is that the Amazon case was filed about a year after California's watershed decision also held that Amazon was a "distributor" or "seller" in its FBA programs. (FYI the appeals court judge that wrote that opinion is now the Chief Justice of the California Supreme Court, if that tells you something). 

Given what is at stake for Amazon expect this to be appealed and as all states and federal districts are not aligned on this issue for Amazon being a true distributor the district or judges where this appeal is heard will be critical.


Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2020 Conditions of Use

May 13, 2024

Setting Consumer Standards for Lithium-Ion Batteries Act HR 1797 (April 2024)

UPDATE 5/16/24

So basically a day after I post this it passes through the House committee...next steps unclear..But as you know before bills can become law they must pass in both the Senate and the House.

May 15, 2024, 06:20 PM | 118th Congress, 2nd Session
Vote Question: On Motion to Suspend the Rules and Pass, as Amended
Setting Consumer Standards for Lithium-Ion Batteries Act
Vote Type: 2/3 Yea-And-Nay
Status: Passed

PRIOR POST

This bill was introduced on 3/24/23 and is still sitting in Congress for some reason. Pretty short and pretty simple. All it does is tell CPSC to get rolling on a regulation with in one YEAR of the passage of this law.  As of 4/5/24 it was placed on the Union Calendar, Calendar No. 370 by the House. It is now sitting in the House Committee on Energy and Commerce. The companion bill in the Senate is S 1008.

H. R. 1797

A BILL
To require the Consumer Product Safety Commission to promulgate a consumer product safety standard with respect to rechargeable lithium-ion batteries used in micromobility devices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title.
This Act may be cited as the “Setting Consumer Standards for Lithium-Ion Batteries Act”.
SEC. 2. Consumer product safety standard for certain batteries.
(a) Consumer product safety standard required.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, under section 553 of title 5, United States Code, a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices, including electric bicycles and electric scooters, to protect against the risk of fires caused by such batteries.
(2) INCLUSION OF RELATED EQUIPMENT.—The standard promulgated under paragraph (1) shall include requirements with respect to equipment related to or used with rechargeable lithium-ion batteries used in micromobility devices, including battery chargers, charging cables, external terminals on battery packs, external terminals on micromobility devices, and free-standing stations used for recharging.
(b) CPSC determination of scope.—In promulgating the standard under subsection (a), the Commission shall determine the types of products subject to the standard and shall ensure that such products are—
(1) within the jurisdiction of the Commission; and
(2) reasonably necessary to include to protect against the risk of fires.
(c) Modifications.—At any time after the promulgation of the standard under subsection (a), the Commission may, through a rulemaking under section 553 of title 5, United States Code, modify the requirements of the standard.
(d) Treatment of standard.—A standard promulgated under this section, including a modification of such standard, shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).


Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2020 Conditions of Use

February 11, 2024

CPSC finally is taking real action on electronic certificates of compliance

Published February 5, 2024

Reprinted with permission from Bicycle Retailer and Industry News 

Original article link 

A certificate of compliance requirement was in the original Consumer Product Safety Improvement Act passed in 2008 and signed by George W. Bush. It has taken 16 years for the Consumer Product Safety Commission to finally implement the full intended scope of electronic certificates of compliance as originally envisioned by Congress in 2008.

There have been multiple “beta” and “pilot” programs with many large institutional participants (especially many large retailers, e.g., Walmart and Target) giving feedback on the process. Only one or two small bike brands gave feedback per the current notice of proposed rulemaking, and it's not even clear they were in the pilot or beta programs.

The biggest issue I see for the bike industry is that the commission is proposing that the new rules take effect within 120 days of the new rules being passed; the passage date is not clear at this point. Given that the bike industry is slow to respond to large changes in the manner of doing business like this and that there has been zero coverage of this issue, I suspect there will be some pushback and scrambling going on especially by smaller brands.

These rules have been in effect for many years, but now that CPSC has teamed up with Customs and Border Protection (CBP) on this project, the certificates will need to be filed before importation using the elaborate electronic system called the Automated Commercial Environment (ACE). The CBP has completed its ACE interface and the Partner Government Agency Message Set, which now enable importers or their brokers to submit electronic import data.

The Supplemental Notice of Proposed Rulemaking (SNPR) to amend 16 CFR Part 1110 was first published on Dec. 8, 2023. All 65 pages are here, not including the 289-page Ballot package that the CPSC commissioners have to vote on and that contains more details about the Part 1110 rule change. Comments have to be received by Tuesday at 5 p.m. They can be made here.

Only finished products or substances that are subject to a CPSC rule, ban, standard, or regulation, are required to be tested and certified, and only such finished products that are imported into the United States for consumption or warehousing would be required to e-file certificates with CBP.

How the bike industry is affected

This is of course where things start getting murky, especially for the bike industry that has many segments: human-powered bikes, e-bikes, bikes intended for kids under 12, original equipment components, aftermarket components, and replacement components. Many industries don’t have to deal too much with replacement parts, such as the toy industry.

Here is a quote from CPSC’s response to one comment made previously:

Comment 38: Several commenters expressed confusion regarding the difference between certificates for component parts, for finished products, and for replacement parts of consumer products.

Response 38: Proposed § 1110.3(b) defines “component part” as a product or substance that is intended to be used in the manufacture or assembly of a finished product, and is not intended for sale to, or use by, consumers as a finished product. The SNPR defines a “finished product” as a product or substance that is “regulated by the commission that is imported for consumption or warehousing or is distributed in commerce.” The SNPR definition explains that parts of such products or substances, including replacement parts, that are imported for consumption or warehousing, or are distributed in commerce, and that are packaged, sold, or held for sale to, or use by, consumers, are considered finished products.

 Only (1) finished products (2) subject to a CPSC rule must be tested and certified. (I added these numbers for clarification that it’s a two part-test.) Component part certificates are voluntary and are not required to accompany an imported component part, are not required to be furnished to retailers and distributors (as described in proposed § 1110.13(b)), and are not to be e-filed.

Not all replacement parts are finished products that require testing and certification. A replacement part of a consumer product that meets the definition of a finished product may be subject to Part 1110, if the replacement part is subject to a rule. For example, a stem for a bicycle that is sold to consumers as a replacement part requires a certificate, because stems, either as a stand-alone product or as part of a finished bicycle, must be tested for strength in accordance with 16 CFR 1512.18(g). (I tend to disagree with this part as the CPSC historically, even in recalls, has not taken this position that 16 CFR 1512 is a separately sold “component” standard but rather a “complete bike” standard.)

Additionally, parts of toys, such as doll accessories, that are sold to consumers as a separate finished product, must comply with all applicable rules, including for example lead in paint and/or lead content (Editor’s note: if it is a product intended for children under 12). If the same doll accessories were imported for manufacturing purposes and not for consumption or warehousing, (this is a small part of competent imports in the bike business) and were intended to be combined with a doll for sale, then such accessories would not be a finished product required to be certified until they are part of a finished product.

Majority of aftermarket products will need testing

So this means that 80% of the aftermarket products are going to need CPSC testing provided there is some requirement in a CPSC rule that arguably pertains to that bike product or component. If they are not “intended for children under 12” (kids product) that testing can be done in house apparently by the manufacturer or brand (subject to other requirements). If it is a kids product then a CPSC certified lab has to do the testing, which includes chemical testing (that does not meet California Prop 65 requirements, by the way).

E-bikes don’t have their own standard except for 16 CFR 1512, provided they meet the 20 mph requirement in the standard; if they don't, well then there are other issues to deal with. E-bike batteries, of course, don’t yet have a CPSC standard as they are not discussed in 16 CFR 1512, so in theory they escape the rule and these new testing and reporting requirements. How ironic as they are the biggest threat at this time and not really foreseen in 2008.

How this whole process is going to work as far as getting that testing data etc. into the CPB and CPSC computers is what has been the focus of multiple beta filing pilots. The importer of record has the responsibility. Not the foreign manufacturer. It's also not clear how this works with the tariff codes and what the timing is on the uploading of this data before the product hits U.S. shores. Import brokers are obviously a resource but won't likely be doing this for free. I do see a process where smaller companies are going to be allowed to access the data entry screens from the CPSC website using a special logon and portal. 

The “new” CPSC Product Registry will allow importers, or their designees, to enter the certificate data elements via a user interface, batch upload, and/or Application Programing Interface (API) upload. The user interface is a step-by-step process, where the importer submits one certificate at a time. The batch upload allows the importer to submit multiple certificates using a Comma-Separated Value template. The API upload allows the importer to build an API connection via the product registry and their data systems to instantaneously enter certificates. Clearly, this is going to involve some training on the brand side of the equation.

So, for example, if you import 10 SKUs, or more or less all of the same model bike widget with 10 colors, every time you get a container shipped from Asia, you will know what the test requirement is for the widget, and you will have it tested by the manufacturer, unless it's a child widget, and that data will pretty much be cut and pasted each time using a CSV data spreadsheet. But it will need to be changed if you change suppliers or test requirements or anything else on the product changes, usually SKU’s changes.

Import enforcement currently lacking

The whole rationale for this rule change and disruption is as follows: Currently, CPSC's import enforcement methodology is labor-intensive and lacks an efficient means of using product-specific data to identify potentially non-compliant products. CPSC co-locates staff alongside CBP staff at ports of entry to target shipments for examination.

Once identified, staff request that CBP place a shipment on hold and transport it to an examination station for CPSC inspection; an examination hold creates delay that costs businesses and CPSC time and money. Accordingly, stakeholders and CPSC have a common interest in reducing examinations of compliant products and maximizing examinations of products that are likely to be violative. Currently, certificates are collected only after a shipment is stopped for examination; certificate data are not used to target shipments for examination. Using certificate data for more precise targeting would maximize examination efficiency for stakeholders and staff.

Using certificate data can also improve CPSC's ability to target low-value shipments. CPSC's current targeting capabilities were designed for larger commercial shipments for which the commission receives CBP data. CPSC's port staff is currently unable to pinpoint with a high degree of certainty potentially non-compliant and hazardous products in low-value shipments, which CBP refers to as “de minimis shipments,” and international mail shipments. 

As we all know the de minimis shipments to consumers of batteries below an $800 value is where we are having a problem with low-quality batteries. But this new certificates filing rule won't fix the e-bike battery problem as there is not currently a CPSC standard specifically regarding batteries and as such no certificate filing will be required.

The biggest issue I see right now is that the SNPR proposes a 120-day effective date for a final rule. So that means after the comments on this rule are received, I expect that the rule will be final in less than six months, and once that happens, there will be another six months to get ready for the enforcement. Hopefully, that will be enough time for the industry to get ready.

This is going to be a four-step process for each product: First, companies need to decide what CPSC rules pertain to their specific products; second, they need to determine if they are products intended for kids under 12 (a whole other analysis); third, they need to decide on a test protocol for their products and whether it can be done in house or requires a CPSC certified lab (see Step 2); then finally they need to set up an account with CPSC and learn the methods by which they have to enter all this data on an ongoing basis and how that data entry timeline coincides with the timely shipment and receiving of the product. 

Clearly there is lots of work to be done on this by brands. Our office is going to be assisting clients with this issue going forward as there are a number of issues that have to be dealt with that are more legal than scientific or logistical but the latter two issues are surely ones that must be addressed as well.

Steven W. Hansen is an attorney who represents product manufacturers, distributors and retailers in product liability and other lawsuits and provides consultation on all matters related to the manufacture and distribution of e-bikes and other consumer products. For further questions visit www.swhlaw.com or email legal.inquiry@swhlaw.com

 The information in this article is subject to change and may not be applicable in your state or country. It is intended as a thought-provoking discussion of general legal principles and does not constitute legal advice. Any opinions expressed herein are solely those of the author.


Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2020 Conditions of Use

July 8, 2023

Congress tries to force CPSC to create mandatory standards for lithium batteries under the "Setting Consumer Standards for Lithium-Ion Batteries Act” introduced in March 2023

As we all know CPSC has been trying for force manufactures of e bikes and other related mobility devices to use existing UL standards in the manufacture of these devices. The worst offenders will of course ignore these polite non binding requests. We also know the CPSC is going to have a meeting in July 2023 to "discuss" batteries but we really are not sure what will come of such meeting(s). In the past the CPSC has resisted calls to create mandatory standards when in their opinion a voluntary standard seems to be solving the problem. (see 15 USC 2058)  Many have argued the voluntary UL standards are not working as adherence to them is low and only done by high end manufacturers. So Congress has stepped in under Senate bill 1008 introduced in March 2023. (in the same way they did to force the CPSC to create the massively confusing lead laws and related laws under CPSIA in 2008) Stay tuned to this blog for updates on the status of this bill.

Senate Bill 1008 (March 2023) (related bill HR 1797)

SECTION 1. Short title.

This Act may be cited as the “Setting Consumer Standards for Lithium-Ion Batteries Act”.

SEC. 2. Consumer product safety standard for certain batteries.

(c) Treatment of standard.—A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).

Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2023 Conditions of Use

June 5, 2023

CPSC Lithium-Ion Battery Safety; Notice of Meeting on July 27 2023 and Request for Comments

UPDATE 8/1/23: Today I received a Federal Register notice of the CPSC's "Semiannual Regulatory Agenda" just days after the meeting below. What stands out to me is that this document "...includes an agenda of regulations that the Commission expects to develop or review during the next 12 months." and there is no mention or reference at all in this very long document about ebikes, lithium batteries, bicycles or 16 CFR part 1512 (the bicycle and e bike regulation). Again these come out twice a year and we know that Congress is pushing CPSC to regulate ebikes via this bill but I don't thinks its likely that there will be anything significant happening at CPSC re batteries or ebikes until this bill passes. I might be wrong but I don't think anyone should be holding their breath in the next 12 mo for some regulations coming forth from the CPSC on the issues in the meeting referenced below. The proposed de minimus bill (H.R.4148 - Import Security and Fairness Act 118th Congress (2023-2024)) may also help the battery import situation well before CPSC acts.

Prior Post June 5 2023:

The Consumer Product Safety Commission will be holding a meeting on lithium-ion battery safety, with a specific focus on fires occurring in e-bikes and other micro-mobility products as well as the fire risks that may arise with the growing consumer market for other products containing such batteries. They are inviting interested parties to participate in or attend the meeting. A remote viewing option will be available for registrants. CPSC also invites interested parties to submit written comments related to the issues discussed in the notice.

There was allegedly going to be broader rulemaking announced on human powered bikes and or all of 16 CFR part 1512 as well but that notice has not yet appeared. That story appeared in Bicycle Retailer. It is not clear if this current notice is related to the notice discussed in Bicycle Retailer

If you wish to submit written comments for the record, you may do so before or after the meeting, as described in the ADDRESSES section of the notice. These written comments should be received by no later than August 21, 2023.  Please refer to the notice for the topics that the CPSC would like to see addressed.

Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright |

May 19, 2011

CPSC Revision and technical amendments to 16 CFR 1512 ["bicycle standard"] effective June 13, 2011

This was a long time in coming given that the 16 CFR 1512 standard was issued in 1978. It was just discussed yesterday (May 18, 2011) at the ASTM F08.10 Bicycle Subcommittee meeting in Anaheim CA. There was a suggestion to try and start an ASTM F08.10 task or work group (similar to what we are doing in F08.96 with the ISO Technical Committee 149 SC) to suggest even more substantive changes to 16 CFR 1512 that would go well beyond the technical changes made below. Even Nancy Nord of the CPSC feels there is a lot more work to be done to "catch up" on bicycles. Again there were a lot more changes suggested to the CPSC to "fix" the 16 CFR 1512 standard than were actually implemented. This is a "red line" draft of all the changes suggested to the CPSC by the Bicycle Products Suppliers Association (BPSA). This is a link to 16 CFR 1512 as of January 2014. Below is the official response from the CPSC to all the suggested changes (from the BPSA and others) as well as the final changes listed at the bottom that become effective June 13, 2011. This is a nice summary of the history of 16 CFR 1512 as well as prior changes to it and how it fits into the current CPSIA debate.

CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. CPSC-2010-0104
16 CFR Part 1512
Requirements for Bicycles
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.

SUMMARY: The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is amending its bicycle regulations. The amendments make minor changes to the existing regulations to reflect new technologies, designs, and features in bicycles by clarifying that certain provisions or testing requirements do not apply to specific bicycles or bicycle parts. The amendments also clarify several ambiguous and confusing provisions. The final rule also corrects typographical errors and removes an outdated reference.

DATES: The rule is effective June 13, 2011.

FOR FURTHER INFORMATION CONTACT: Vincent J. Amodeo, Mechanical Engineer, Directorate for Engineering Sciences, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; e-mail vamodeo@cpsc.gov; telephone 301-504-7570.

SUPPLEMENTARY INFORMATION:

I. Background

CPSC regulations, at 16 CFR part 1512, establish requirements for bicycles pursuant to the Federal Hazardous Substances Act. The regulations were first promulgated in 1978 (43 FR 60034 (Dec. 22, 1978)), with minor amendments in 1980 (45 FR 82627 (Dec. 16, 1980)), 1981 (46 FR 3204 (Jan. 14, 1981)), 1995 (60 FR 62990 (Dec. 8, 1995)), and 2003 (68 FR 7073 (Feb. 12, 2003)); 68 FR 52691 (Sept. 5, 2003)).

In recent years, there have been technological changes in bicycle design and in the materials used to manufacture bicycles that have caused some bicycle manufacturers to question the applicability of a particular CPSC regulation or to seek changes to the regulations. Additionally, the enactment of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016, has resulted in new testing and certification requirements for children's products. The Commission recognizes that there have been many changes in bicycle technology, material, and design since the bicycle regulations were promulgated. The Commission intends to undertake a comprehensive review of the bicycle regulations at a future point to determine how these regulations might be further amended to address the changes that have taken place.

In the Federal Register of November 1, 2010 (75 FR 67043), we issued a proposed rule that would amend 16 CFR part 1512. The proposed rule would make minor changes to the existing regulations to reflect new technologies, designs and features in bicycles by clarifying that certain provisions or testing requirements do not apply to specific bicycles or bicycle parts. The proposal also would clarify several ambiguous and confusing provisions, correct typographical errors, and delete an outdated reference.

The proposed rule also was intended to facilitate the testing and certification requirements of section 14 of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2063, as amended by section 102 of the CPSIA. Section 14 of the CPSA requires manufacturers and private labelers of a product subject to a CPSC rule, ban, standard, or regulation to certify compliance of the product with such rule, ban, standard, or regulation. Section 14(a)(1) of the CPSA requires that certifications for nonchildren's products be based on a test of each product or upon a reasonable testing program. Section 14(a)(2) of the CPSA requires that certifications for children's products be based on tests conducted by a CPSC-accepted third party conformity assessment body (also commonly referred to as a third party laboratory or simply as a laboratory). Under section 14(a)(3) of the CPSA, the requirement to third-party test children's products applies to products manufactured more than 90 days after the CPSC has established and published notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with a particular rule. In the Federal Register of September 2, 2009 (74 FR 45428), the CPSC published a notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with 16 CFR part 1512.

However, in the Federal Register of February 9, 2009 (74 FR 6396), the Commission published a notice announcing that it had stayed, for one year, the testing and certification requirements of section 14 of the CPSA as applied to 16 CFR part 1512, and most other CPSC regulations. The stay was intended to give the CPSC time to address many issues raised by the CPSIA's testing and certification requirements (Id. at 6397). Later, in the Federal Register of December 28, 2009 (74 FR 68588), the Commission published a notice that revised the terms of the stay. The Commission maintained the stay on the testing and certification requirements for the bicycle regulations until May 17, 2010, because there was insufficient laboratory capacity for third party testing of bicycles at that time (Id. at 68590). The Commission invited bicycle manufacturers and laboratories to petition the Commission for additional relief if the extension of the stay proved insufficient.

On April 1, 2010, the Bicycle Products Suppliers Association (BPSA), which describes itself as an association of suppliers of bicycles, parts, accessories, and services who serve specialty bicycle retailers, petitioned the Commission for an additional extension of the stay. (The petition can be found at http://www.regulations.gov by searching for the docket number for this rulemaking.) The BPSA contended that there still was insufficient laboratory capacity to handle testing of children's bicycles. It also asserted that 16 CFR part 1512 is out of date in many respects, stated its understanding that the CPSC may commence rulemaking to revise part 1512 in the near future, and urged the Commission to begin such rulemaking. The BPSA suggested that the Commission maintain the stay on testing and certification of bicycles until such a rulemaking concludes, or for an additional year.

On May 3, 2010, CPSC staff met with representatives of the BPSA to discuss the petition. (A summary of the meeting can be found at http://www.cpsc.gov/library/foia/meetings/mtg10/bpsa102.pdf.) On June 17, 2010, the Commission published a notice in the Federal Register extending the stay on testing and certification requirements for bicycles until August 14, 2010, with two exceptions (75 FR 34360). First, because laboratory capacity, at that time, was still insufficient to assess compliance with the reflector requirements at 16 CFR 1512.16, the Commission extended the stay as it related to bicycle reflectors, until November 14, 2010 (Id.). The Commission allowed the additional three-month period for the development of CPSC-accepted laboratory capacity for bicycle reflector testing. Second, the Commission excluded bicycles with nonquill-type stems from the requirement to certify compliance with the handlebar stem insertion mark requirement at 16 CFR 1512.6(a); bicycles with nonquill-type stems may not be able to comply with the insertion mark requirement.

(A stem is the part of a bicycle that connects the handlebars to the ``steerer'' or upper part of the bicycle fork [the part of the bicycle that holds the front wheel and can turn to steer the bicycle]. A quill-type stem is a stem that is inserted into the steerer. Most older bicycles use a quill-type stem, but newer bicycles may use other means to connect the stem to the fork. For example, a ``threadless'' stem clamps onto the outside of the steerer [rather than having the stem go inside the steerer], and so we will refer to such other types of stems as ``nonquill-type stems.'')

In its letter responding to the BPSA's petition, the Commission communicated its decision to extend the stay until August 14, 2010, with the two exceptions for reflector testing and stems. We stated that we are aware that 16 CFR part 1512 does not adequately address some new technologies, designs, or materials, and we asked that manufacturers who believe that they are unable to certify current designs to 16 CFR part 1512 provide the Commission with specific information regarding which provisions of the current regulations are problematic, which models or classes of bicycles are affected, and an explanation of the issue.

In response, on June 4, 2010, the BPSA sent a chart to the CPSC identifying areas in the bicycle regulations that the BPSA considered problematic for certification. This chart differed slightly from a chart that the BPSA had provided informally to CPSC staff earlier in 2010. We considered both charts in the process of developing the proposed rule. (Both charts can be found at http://www.regulations.gov by searching for the docket number for this rulemaking.)

Consequently, in the Federal Register of November 1, 2010 (75 FR 67043), we published a notice of proposed rulemaking recommending several changes to the bicycle regulations meant to address some of the issues raised by the BPSA, and ease the burden on bicycle manufacturers by exempting specific bicycles or bicycle parts from certain requirements, clarifying ambiguous and confusing provisions, correcting several typographical errors and deleting an outdated provision. The preamble to the proposed rule also acknowledged that bicycle technologies, designs, and features have changed dramatically since 16 CFR part 1512 was originally promulgated, but stated that we cannot conduct a comprehensive review of the bicycle regulations in the timeframe that is necessary for implementing the testing and certification requirements of section 14 of the CPSA (75 FR at 67044). Accordingly, the proposed rule would make only limited amendments to 16 CFR part 1512 to facilitate testing and certification of bicycles in accordance with section 14 of the CPSA. The Commission is staying testing and certification requirements for bicycle reflectors until November 14, 2011 because there currently are no CPSC- recognized laboratories that can test for compliance with the reflector requirements at 16 CFR 1512.16.

II. Comments on the Proposed Rule, the CPSC's Responses, and Description of the Final Rule

A. Introduction

We received 13 comments to the proposed rule. We received comments from individuals, a bicycle manufacturer and retailer, a consumer advocacy organization, and the BPSA. In brief, several commenters supported the rule whereas other commenters either sought a more comprehensive review of the bicycle regulations or opposed the rule because we had not conducted a more comprehensive review of the bicycle regulations. Other commenters sought changes that were specific to certain bicycle parts, such as brakes and clipless pedals. Several commenters addressed topics that were outside the scope of the rulemaking, such as suggesting changes to information on the CPSC's Web site.

We describe and respond to the comments in section II of this document and also describe the final rule. To make it easier to identify the comments and our responses, the word ``Comment,'' in parentheses, will appear before the comment's description, and the word ``Response,'' in parentheses, will appear before our response. We also have numbered each comment to help distinguish between different comments. The number assigned to each comment is purely for organizational purposes and does not signify the comment's value, or importance, or the order in which it was received.

B. Definitions (Sec. 1512.2)

1. Sidewalk Bicycles (Sec. 1512.2(b))

The existing regulation, at Sec. 1512.2(b), defines a ``sidewalk bicycle'' as ``a bicycle with a seat height of no more than 635 mm (25.0 in); the seat height is measured with the seat adjusted to its highest position.'' The proposed rule would amend the definition of sidewalk bicycle by adding a sentence stating that recumbent bicycles are not considered sidewalk bicycles. Although some recumbent bicycles may have seats below the 635 millimeter height, recumbent bicycles do not share other features, or the intended riders, of sidewalk bicycles. This will have the effect of clarifying which requirements are applicable to recumbent bicycles, which were not available when the standard was first promulgated. We received no comments on this provision and have finalized it without change.

2. Track Bicycles (Sec. 1512.2(d))

The existing regulation, at Sec. 1512.2(d), defines a ``track bicycle'' as ``a bicycle designed and intended for sale as a competitive machine having tubular tires, single crank-to-wheel ratio, and no free-wheeling feature between the rear wheel and the crank.'' Track bicycles are not subject to the requirements of 16 CFR part 1512. The proposed rule would amend the definition of track bicycle to further clarify which bicycles are not subject to the regulations. The proposed rule recommended adding the word ``velodrome'' between ``competitive'' and ``machine,'' to clarify that a track bicycle is one intended for competitive velodrome racing. (A ``velodrome'' is an arena that has a banked track for bicycle racing.)

The proposed rule also recommended deleting the term ``tubular tires.'' Improvements in clincher tires in recent years permit their use on track bicycles; therefore, a definition restricted to bicycles with tubular tires is no longer accurate and would have the effect of subjecting track bicycles with clincher tires to the regulations. (In very general terms, clincher tires are the type of tires associated with most bicycles and feature an inner tube and an outer tire that makes contact with the rims of a bicycle wheel at each edge [called a ``bead'']. Tubular tires, in contrast, do not have edges that contact the rim; instead, tubular tires are attached to the rims using glue or tape.)

(Comment 1)--One commenter suggested that we consider whether track bicycles need or should have a braking system.

(Response 1)--Track bicycles, which are used by professionals in competitive racing, do not have brakes. Thus, in the final rule, we have revised the definition to state that a track bicycle is ``a bicycle designed and intended for sale as a competitive velodrome machine having no brake levers or calipers, single crank-to-wheel ratio, and no free-wheeling feature between the rear wheel and the crank.''

3. Recumbent Bicycle (Proposed Sec. 1512.2(g))

Proposed Sec. 1512.2(g) would define a recumbent bicycle as ``a bicycle in which the rider sits in a reclined position with the feet extended forward to the pedals.''

We received no comments on this provision and have finalized it without change.

C. Mechanical Requirements (Sec. 1512.4)

Section 1512.4 establishes various mechanical requirements for bicycles. Section 1512.4(b) prohibits ``unfinished sheared metal edges or other sharp parts on bicycles that are, or may be, exposed to hands or legs.'' The proposed rule would add the word, ``assembled'' before ``bicycles,'' to clarify that the prohibition on sharp edges does not apply to a bicycle still needing assembly when it is delivered to the consumer or retail store. Unassembled bicycles may contain sharp edges that are not present when the product is fully assembled.

The proposed rule also would correct a typographical error in Sec. 1512.4(b). The wording should be, ``burrs or spurs,'' rather than, ``burrs of spurs,'' so that the sentence reads, ``so as to remove any feathering of edges, or any burrs or spurs caused during the shearing process.''

Section 1512.4(i) requires that the ends of all control cables have protective caps or otherwise be treated to prevent unraveling. The proposed rule would add the word ``accessible'' between the words ``all'' and ``control cables,'' to clarify that only accessible control cable ends are subject to the requirement regarding protective caps or prevention of unraveling. In other words, control cable ends housed within the bicycle frame or component would not need to be covered with protective caps or otherwise treated to prevent unraveling.

We received no comments on this provision and have finalized it without change.

D. Requirements for Steering System (Sec. 1512.6)

Section 1512.6(a) requires that the bicycle handlebar stem have a permanent ring or mark to indicate the minimum insertion depth of the handlebar stem into the fork. It also requires that the insertion mark not affect the structural integrity of the stem, not be less than 2 \1/ 2\ times the stem diameter from the lowest point of the stem, and that the stem strength be maintained for at least a length of one shaft diameter below the mark.

The proposed rule would revise the opening words of paragraph (a) from ``[t]he handlebar stem shall'' to ``[q]uill-type handlebar stems shall,'' to clarify that this requirement only applies to bicycles having quill-type stems. Because nonquill-type stems do not get inserted into the stem, there is no need for them to have an insertion depth mark. This aspect of the proposal would codify the CPSC policy, announced in the June 17, 2010, stay notice, that nonquill-type stems would be excluded from the requirement to certify compliance with Sec. 1512.6(a).

Section 1512.6(c) specifies that handlebars must allow comfortable and safe control of the bicycle and that handlebar ends be symmetrically located with respect to the longitudinal axis of the bicycle and ``no more than 406 mm (16 in) above the seat surface when the seat is in its lowest position and the handlebar ends are in their highest position.'' The proposed rule would create an exception for recumbent bicycles because the handlebars of recumbent bicycles may exceed this regulatory maximum, depending upon their design configuration.

We received no comments on this provision and have finalized it without change.

E. Requirements for Wheel Hubs (Sec. 1512.12(b))

Section 1512.12(b) currently states that, with respect to quick- release devices, the quick-release clamp action ``shall emboss the frame or fork when locked.'' The proposed rule would create an exception for carbon fiber material. The requirement for a quick- release clamp action to emboss a frame or fork when locked is appropriate when bicycle frames are made using steel or aluminum. Modern technology, however, makes it possible to create bicycle frames using carbon fiber material. Carbon fiber is stronger than aluminum and steel, but embossing (or indenting) a carbon fiber frame or fork can weaken the material. To avoid such an illogical result (i.e., of intentionally weakening a carbon fiber frame or fork), the proposal would create an exception for carbon fiber material.

(Comment 2)--One commenter agreed with the proposal, but asserted that the more accurate way to describe this material (carbon fiber material) is to use the term ``fiber reinforced plastics.''

(Response 2)--We agree with the commenter and have revised the final rule accordingly.

F. Requirements for Seat (Sec. 1512.15)

Section 1512.15 establishes various requirements for bicycle seats. Section 1512.15(a) imposes a limitation on seat height, stating that ``[n]o part of the seat, seat supports, or accessories attached to the seat shall be more than 125 mm (5.0 in) above the top of the seat surface at the point where the seat surface is intersected by the seat post axis.''

Section 1512.15(b) requires seat posts to contain a ``permanent mark or ring that clearly indicates the minimum insertion depth (maximum seat-height adjustment)'' and that the mark not affect the structural integrity of the seat post. (A seat post is a post on which the bicycle seat or saddle rests; a traditional seat post is inserted into the bicycle frame and can be moved up or down to accommodate the rider's size.) Section 1512.15(b) also requires the mark to be ``located no less than two seat-post diameters from the lowest point on the post shaft, and the post strength shall be maintained for at least a length of one shaft diameter below the mark.''

The proposed rule would create an exception for recumbent bicycles from the seat height limitation in Sec. 1512.15(a). Recumbent bicycles are designed for reclined riding, so the seats on recumbent bicycles tend to have substantial seat backs. This exception would enable recumbent bicycles to retain their high seat-back design without being in violation of Sec. 1512.15(a).

The proposed rule also would create an exception for bicycles with integrated seat masts from the requirement that seat posts contain a permanent mark or ring to indicate the minimum insertion depth. Integrated seat masts are part of the bicycle frame itself; thus, they do not get inserted in a seat post, and so no insertion depth mark is possible.

(Comment 3)--One commenter said that bicycles with integrated seat masts should continue to have a marking that allows retailers and consumers to easily determine that the seat and seat post are safely installed.

(Response 3)--We agree that integrated seat masts with a marking would allow retailers and consumers to easily determine that a seat is safely assembled. A mark on the product will reassure the public that the seat is safe. Thus, we have revised the final rule to state that, ``(t)he seat post shall contain a permanent mark or ring that clearly indicates the minimum insertion depth (maximum seat-height adjustment); the mark shall not affect the structural integrity of the seat post. This mark shall be located no less than two seat-post diameters from the lowest point on the post shaft, and the post strength shall be maintained for at least a length of one shaft diameter below the mark. This requirement does not apply to bicycles with integrated seat masts, however, a permanent mark or other means to clearly indicate that the seat or seat post is safely installed shall be provided.''

(Comment 4)--One commenter requested that seat posts that are cut to fit be excluded from the marking requirement because there is no way to determine where the mark should be.

(Response 4)--We decline to grant the commenter's request to exclude seat posts that are cut to fit from the requirement. We believe that such an exclusion could result in a decrease in safety and that further work, such as testing and an examination of any existing standards that may be relevant, would be needed to consider the potential impact of such an exclusion. We will, however, consider the issue when we conduct a more thorough evaluation of the bicycle standards.

(Comment 5)--One commenter remarked on the number of accidents that the commenter has witnessed resulting from bicycles seats being raised too high. The commenter would require manufacturers to insert a marking that will indicate a safe seat height level.

(Response 5)--The pre-existing regulations already require such marking. Consequently, no revision to the final rule is necessary with respect to this comment.

G. Tests and Test Procedures (Sec. 1512.18)

The proposed rule would amend Sec. 1512.18(k)(1)(i), which describes the procedure for conducting the fork test. The test procedure requires, in relevant part, that the load on the fork ``be increased until a deflection of 64 mm (2 \1/2\ in) is reached.'' The test criteria, which are specified at Sec. 1512.18(k)(1)(ii), explain that ``[e]nergy of at least 39.5 J (350 in-lb) shall be absorbed with a deflection in the direction of the force of no more than 64 mm (2\1/2\ in.).'' Thus, the fork test involves applying a load to the fork, and the fork must absorb the required energy while not deflecting more than 64 millimeters, or 2.5 inches.

The proposed rule would delete the last sentence of Sec. 1512.18(k)(1)(i), regarding a deflection of 64 millimeters (2.5 inches), because Sec. 1512.18(k)(1)(i) may be interpreted (incorrectly) as conflicting with Sec. 1512.18(k)(1)(ii). In other words, a reader might construe the regulations as requiring force to be applied until the fork is deflected to 64 millimeters or 2.5 inches.

The proposed rule also would amend the reflector performance test description at Sec. 1512.18(n)(2)(vii). The reflector performance test description discusses a coordinate system used for the reflector performance test and states that ``[i]n the coordinate system and when illuminated by the source defined in table 4 of this part 1512, a reflector will be considered to be red if its color falls within the region bounded by the red spectrum locus and the lines y0.980--x and y0.335; a reflector will be considered to be amber if its color falls within the region bounded by the yellow spectrum locus and the lines y0.382, y0.790- 0.667x, and y x--0.120.'' The y and x coordinates, as described in the rule, omitted important mathematical symbols or duplicated other mathematical symbols. The proposal would revise Sec. 1512.18(n)(2)(vii) to read ``[i]n the coordinate system and when illuminated by the source defined in table 4 of this part 1512, a reflector will be considered to be red if its color falls within the region bounded by the red spectrum locus and the lines y = 0.980-x and y = 0.335; a reflector will be considered to be amber if its color falls within the region bounded by the yellow spectrum locus and the lines y = 0.382, y = 0.790-0.667x, and y = x-0.120.''

Section 1512.18(n)(2)(vii) also refers to the ``IES Lighting Handbook, fifth edition, 1972,'' and a footnote to the rule explains that the IES Lighting Handbook may be obtained from the Illuminating Engineering Society (IES) and gives an address for IES. The reference to the IES Lighting Handbook is outdated, as is the address for the IES. More importantly, the recommended coordinate system for definition of color discussed in Sec. 1512.18(n)(2)(vii), the ``Internationale de l-Eclairage (CIE) 1931'' system, is readily accessible for little or no cost from various sources in addition to the IES, including the Internet. Because the CIE 1931 color coordinate system is publicly available, the reference to the IES Lighting Handbook is not necessary, and therefore, the proposed rule would delete the reference to the IES Lighting Handbook and its accompanying footnote.

We received no comments on these provisions and have finalized them without change.

H. Additional Changes Requested by the Comments

1. Introduction

Several commenters suggested additional revisions to the bicycle regulations. We discuss those comments, and our responses, in this section.

2. Requirements for Braking Systems: Handbrakes and Grip Dimension (Sec. 1512.5(b)(3))

(Comment 6)--One commenter asked that we change the requirement for the brake lever grip dimension. Currently, the grip dimension, which is defined as the maximum outside dimension between the brake hand lever and the handlebars, shall not exceed 89 mm (3.5 inches). The commenter would change the maximum to 100 mm (4.0 inches) to accommodate new bicycle designs that include gear shift mechanisms on the lever. The commenter stated that, because of the need to accommodate the added shifting mechanism and allow space for the rider's hands, the brake lever portion of the combination brake/shift lever may be slightly farther away from the handlebar.

(Response 6)--We decline to revise Sec. 1512.5(b)(3) because such an exclusion could result in a decrease in safety and that further work, such as testing and an examination of any existing standards that may be relevant, would be needed to consider the potential impact of the commenter's suggested change. Thus, we will consider the commenter's suggestion when we undertake a more thorough evaluation of the bicycle standards.

3. Requirements for Braking Systems (Sec. 1512.5) and Tests and Tests Procedures (Sec. 1512.18)

(Comment 7)--Two commenters would revise the requirements for braking system testing. One commenter stated that he had prepared a written explanation as to why we should revise the braking standard, but the explanation was deleted. Another commenter would revise the braking system test requirements to require: (1) Bicycles to be tested under wet conditions that might result in longer stopping time; (2) a ``front brake modulation test'' that would determine if the front brakes of a bicycle have a propensity to grab abruptly which could result in riders being thrown over the handlebars; and (3) a brake fade test to predict the loss of braking power when a rider is descending a hill, and brakes overheat.

(Response 7)--We agree, generally, that braking system testing requirements should be evaluated and revised. However, we decline to address this issue in the final rule. This rulemaking was intended, in part, to facilitate the testing and certification requirements of section 14 of the Consumer Product Safety Act (CPSA). Changing these standards would involve, among other things, an examination of any relevant existing standards and possibly the development of new testing regimes or an analysis of existing testing regimes already in use. It would be more efficient and more appropriate to consider such issues when we undertake a more thorough evaluation of the bicycle standards.

4. Requirements for Pedals (Sec. 1512.7)

(Comment 8)--Two commenters addressed clipless pedals, which are products that attach directly to the cleat of a cyclist's shoe. One commenter would have us define the term ``clipless pedal,'' and both commenters would have us exempt clipless pedals from the requirement that pedals have reflectors. (Clipless pedals do not have the traditional platform or cage to support the foot and are not easily fitted with reflectors.)

(Response 8)--We acknowledge that reflectors cannot be installed on a clipless pedal. However, removing a reflector from a bicycle may result in a decrease in safety. Changing the standard would involve, among other things, an examination of any relevant existing standards and possibly the development of new testing regimes or an analysis of existing testing regimes already in use. It would be more efficient and more appropriate to consider such issues when we undertake a more thorough evaluation of the bicycle standards.

(Comment 9)--One commenter sought an exemption for clipless pedals from the tread requirement, stating that ``it is not feasible to place treads on the pedals, as there is very little space.''

(Response 9)--We are aware of these concerns, but decline to address them in the final rule. Changing the standard would involve, among other things, an examination of any relevant existing standards and possibly the development of new testing regimes or an analysis of existing testing regimes already in use. It would be more efficient and more appropriate to consider such issues when we undertake a more thorough evaluation of the bicycle standards.

5. Requirements for Protective Guards (Sec. 1512.9 (b))

(Comment 10)--One commenter would revise the requirement for derailleur guards at Sec. 1512.9(b). The derailleur guard requirement is designed to prevent the drive chain from interfering with or stopping the rotation of the wheel through improper adjustments or damage. The commenter said that some bicycle models (specifically those that experienced cyclists are likely to use) lack room for a derailleur guard.

(Response 10)--We are aware of this concern, but decline to address it in the final rule. The derailleur guard is intended to protect the rider from an accident should the drive chain interfere with the wheel because of improper adjustments or damage. Changing the standard would involve, among other things, an examination of any relevant existing standards and possibly the development of new testing regimes or an analysis of existing testing regimes already in use. It would be more efficient and more appropriate to consider such issues when we undertake a more thorough evaluation of the bicycle standards.

6. Component Failures due to Material Fatigue (Sec. 1512.17(a))

(Comment 11)--One commenter asked us to evaluate component failures that are caused by material fatigue, which the commenter defined as the weakening and subsequent fracture of the material due to repeated stress.

(Response 11) We agree that testing component parts that fail because of material fatigue is an important issue that should be evaluated and revised. However, we decline to address this in the final rule. Changing the standard would involve, among other things, an examination of any relevant existing standards and possibly the development of new testing regimes or an analysis of existing testing regimes already in use. Thus, we will consider the matter when we undertake a more thorough evaluation of the bicycle standards.

I. Miscellaneous Comments

Several commenters addressed the proposed rule in general terms or addressed matters that were outside the scope of the proposed rule.

(Comment 12)--Three commenters agreed with the proposed rule in its existing form. One of the commenters, while pleased with the proposed rule at this point, urged us to review and assess the bicycle requirements in greater depth. In contrast, one commentator was opposed to the proposed rule because we did not conduct a more comprehensive review of the bicycle regulations. The commenter said that manufacturers are ``forced into a testing regime.''

(Response 12)--Section 14 of the CPSA requires manufacturers and private labelers of a product subject to a CPSC rule, ban, standard, or regulation to certify compliance of the product with such rule, ban, standard, or regulation. As we stated in the preamble to the proposed rule (75 FR at 67043), we issued the proposed rule, in part, to facilitate the testing and certification required by section 14 of the CPSA. We also acknowledged that a more extensive review of the bicycle regulations is necessary (75 FR at 67044), but that we cannot accomplish such a review in the timeframe that is necessary for implementing the testing and certification requirements of section 14 of the CPSA. We will conduct a more extensive review of the bicycle regulations as time and resources permit.

(Comment 13)--One commenter noted that there is a typographical error in a CPSC Regulatory Summary for 16 CFR part 1512. In a description of the requirement for chains and chain guards, the document incorrectly substitutes ``90%'' for ``90 degrees.''

(Response 13)--CPSC Regulatory Summaries are found on our Web site and are not part of the rule. Nevertheless, we are examining our regulatory summaries and intend to revise or, in some cases, delete them to reflect current requirements and new information.

(Comment 14)--One commenter expressed concern that the proposed rule might create an obligation for bicycle manufacturers to produce new parts.

(Response 14)--Nothing in the proposed rule or the final rule requires a bicycle manufacturer to produce new parts to the meet the requirement.

(Comment 15)--One commenter expressed concern over lead content in children's bicycles.

(Response 15)--If a bicycle is a ``children's product'' as defined by section 3(a)(2) of the CPSA, then it is subject to the lead content limit in section 101(a)(2) of the CPSIA. We note, however, that there is a stay of enforcement in place regarding lead content in certain parts of children's bicycles. In the Federal Register of June 30, 2009 (74 FR 31254), the Commission issued a stay of enforcement until June 1, 2011 with regard to the lead content in certain parts of bicycles designed or intended primarily for children 12 years of age or younger. The Commission approved the stay in order to allow time to develop rules and requirements which will address the very specific questions regarding lead content in children's bicycles. In the Federal Register of February 8, 2011 (76 FR 6765), the Commission extended the stay of enforcement until December 31, 2011.

III. Regulatory Flexibility Act

[omitted]

IV. Paperwork Reduction Act

[omited]

V. Environmental Considerations

[omitted]

List of Subjects in 16 CFR Part 1512

For the reasons discussed in the preamble, the Consumer Product Safety Commission amends 16 CFR part 1512 as follows:

PART 1512--REQUIREMENTS FOR BICYCLES


1. The authority citation for part 1512 continues to read as follows:

Authority: Secs. 2(f)(1)(D), (q)(1)(A), (s), 3(e)(1), 74 Stat. 372, 374, 375, as amended, 80 Stat. 1304-05, 83 Stat. 187-89 (15 U.S.C. 1261, 1262); Pub. L. 107-319, 116 Stat. 2776.

2. Amend Sec. 1512.2 by revising paragraphs (b) and (d) and adding paragraph (g) to read as follows:

Sec. 1512.2 Definitions.

(b) Sidewalk bicycle means a bicycle with a seat height of no more than 635 mm (25.0 in); the seat height is measured with the seat adjusted to its highest position. Recumbent bicycles are not included in this definition.

(d) Track bicycle means a bicycle designed and intended for sale as a competitive velodrome machine having no brake levers or calipers, single crank-to-wheel ratio, and no free-wheeling feature between the rear wheel and the crank. * * * * *

(g) Recumbent bicycle means a bicycle in which the rider sits in a reclined position with the feet extended forward to the pedals.


3. Amend Sec. 1512.4 by revising paragraphs (b) and (i) to read as follows:

Sec. 1512.4 Mechanical requirements.

* * * * *

(b) Sharp edges. There shall be no unfinished sheared metal edges or other sharp parts on assembled bicycles that are, or may be, exposed to hands or legs; sheared metal edges that are not rolled shall be finished so as to remove any feathering of edges, or any burrs or spurs caused during the shearing process.

* * * * *

(i) Control cable ends. Ends of all accessible control cables shall be provided with protective caps or otherwise treated to prevent unraveling. Protective caps shall be tested in accordance with the protective cap and end-mounted devices test, Sec. 1512.18(c), and shall withstand a pull of 8.9 N (2.0 lbf).

* * * * *

4. Amend Sec. 1512.6 by revising paragraphs (a) and (c) to read as follows:

Sec. 1512.6 Requirements for steering system.

(a) Handlebar stem insertion mark. Quill-type handlebar stems shall contain a permanent ring or mark which clearly indicates the minimum insertion depth of the handlebar stem into the fork assembly. The insertion mark shall not affect the structural integrity of the stem and shall not be less than 2\1/2\ times the stem diameter from the lowest point of the stem. The stem strength shall be maintained for at least a length of one shaft diameter below the mark. * * * * *

(c) Handlebar. Handlebars shall allow comfortable and safe control of the bicycle. Handlebar ends shall be symmetrically located with respect to the longitudinal axis of the bicycle and no more than 406 mm (16 in) above the seat surface when the seat is in its lowest position and the handlebar ends are in their highest position. This requirement does not apply to recumbent bicycles. * * * * *

5. Amend Sec. 1512.12 by revising paragraph (b) to read as follows:

Sec. 1512.12 Requirements for wheel hubs.

* * * * * (b) Quick-release devices. Lever-operated, quick-release devices shall be adjustable to allow setting the lever position for tightness. Quick-release levers shall be clearly visible to the rider and shall indicate whether the levers are in a locked or unlocked position. Quick-release clamp action shall emboss the frame or fork when locked, except on fiber reinforced plastics. * * * * *

6. Amend Sec. 1512.15 by revising paragraphs (a) and (b) to read as follows:

Sec. 1512.15 Requirements for seat.

(a) Seat limitations. No part of the seat, seat supports, or accessories attached to the seat shall be more than 125 mm (5.0 in) above the top of the seat surface at the point where the seat surface is intersected by the seat post axis. This requirement does not apply to recumbent bicycles.

(b) Seat post. The seat post shall contain a permanent mark or ring that clearly indicates the minimum insertion depth (maximum seat-height adjustment); the mark shall not affect the structural integrity of the seat post. This mark shall be located no less than two seat-post diameters from the lowest point on the post shaft, and the post strength shall be maintained for at least a length of one shaft diameter below the mark. This requirement does not apply to bicycles with integrated seat masts, however, a permanent mark or other means to clearly indicate that the seat or seat posts is safely installed shall be provided. * * * * *

7. Amend Sec. 1512.18 by revising paragraphs (k)(1)(i) and (n)(2)(vii) as follows:

Sec. 1512.18 Tests and test procedures.

* * * * *

(k) * * *

(1) * * *

(i) Procedure. With the fork stem supported in a 76 mm (3.0 in) vee block and secured by the method illustrated in figure 1 of this part 1512, a load shall be applied at the axle attachment in a direction perpendicular to the centerline of the stem and against the direction of the rake. Load and deflection readings shall be recorded and plotted at the point of loading.

* * * * *

(n) * * *

(2) * * *

(vii) A recommended coordinate system for definition of color is the ``Internationale de l'Eclairage (CIE 1931)'' system. In the coordinate system and when illuminated by the source defined in table 4 of this part 1512, a reflector will be considered to be red if its color falls within the region bounded by the red spectrum locus and the lines y = 0.980-x and y = 0.335; a reflector will be considered to be amber if its color falls within the region bounded by the yellow spectrum locus and the lines y = 0.382, y = 0.790-0.667x, and y = x- 0.120. * * * * *

Dated: May 10, 2011. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2011-11742 Filed 5-12-11; 8:45 am] BILLING CODE 6355-01-P

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