34360 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1512 

Consumer Product Safety Act: Notice 

of Commission Action on the Stay of 

Enforcement of Testing and 

Certification Requirements 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Limited extensions of stay of 

enforcement. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC or Commission) is 

extending its stay of enforcement of 

certain testing and certification 

provisions of section 14 of the 

Consumer Product Safety Act (CPSA) as 

amended by section 102 of the 

Consumer Safety Improvement Act of 

2008 (CPSIA). The Commission is 

extending the stay for products under 16 

CFR part 1512 (bicycles) until August 

14, 2010, with two exceptions. First, the 

Commission is extending the stay 

related to 16 CFR 1512.16 (reflectors) 

until November 14, 2010. Second, 

bicycles with non-quill-type stems are 

excluded from certifying compliance to 

16 CFR 1512.6(a) (handlebar stem 

insertion mark) until further notice. 

DATES: As it pertains to products under 

16 CFR part 1512, the stay of 

enforcement is extended until August 

14, 2010, except for products under 16 

CFR 1512.16, for which the stay is 

extended until November 14, 2010, and 

except for bicycles with non-quill-type 

stems, which are excluded from the 

certification requirement regarding the 

handlebar stem insertion mark at 16 

CFR 1512.6(a) until further notice. 

FOR FURTHER INFORMATION CONTACT: 

Matthew M. Lee, Compliance Officer, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814; e-mail 

mlee@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 14 of the CPSA requires that 

every manufacturer of a product (and 

the private labeler, if the product bears 

a private label) that is subject to a 

consumer product safety rule, ban, 

standard, or regulation enforced by the 

Commission certify, based on testing, 

that its product complies with the 

applicable safety rule, ban, standard, or 

regulation. For nonchildren’s products, 

the certification must be based on a test 

of each product or a reasonable testing 

program. For children’s products, the 

certification must be based on testing 

conducted by a CPSC-accepted third 

party conformity assessment body 

(laboratory). The Commission 

announced the criteria and process for 

its acceptance of the accreditation of 

third party conformity assessment 

bodies to test children’s products under 

16 CFR part 1512 in a notice of 

requirements that appeared in the 

Federal Register on September 2, 2009. 

74 FR 45428. 

On February 9, 2009, the Commission 

published a notice in the Federal 

Register staying enforcement of the 

testing and certification requirements 

for many products, including bicycles. 

74 FR 6396. The Commission 

committed to the stay for one year, 

explaining that the stay was necessary 

to ‘‘give us the time needed to develop 

sound rules and requirements as well as 

implement outreach efforts to explain 

these [new] requirements of the CPSIA 

and their applicability.’’ 74 FR 6396, 

6398. On December 28, 2009, the 

Commission published a notice in the 

Federal Register revising the terms of 

the stay. 74 FR 68588. In that notice, the 

Commission lifted the stay for some 

CPSC regulations and extended the stay 

for other CPSC regulations. Relevant for 

present purposes, the Commission 

stated that it ‘‘plans to keep the stay in 

effect for the bicycle regulations (16 CFR 

part 1512) as applicable to all bicycles, 

both non children’s (sic) and children’s, 

until May 17, 2010. With regard to 

bicycles, the Commission has 

determined that there is insufficient 

laboratory capacity for third-party 

testing of bicycles at this time * * *. 

Should the extension of this stay until 

May 17, 2010 prove insufficient, the 

bicycle manufacturers and laboratories 

must petition the Commission for 

additional relief no later than April 1, 

2010.’’ 74 FR 68588, 68590. 

On April 1, 2010, the Bicycle Product 

Suppliers Association (BPSA) 

petitioned the Commission for an 

extension of the stay of enforcement as 

it relates to 16 CFR part 1512, the CPSC 

safety regulations for bicycles. The 

BPSA contended that laboratory 

capacity was still inadequate. It also 

asserted that 16 CFR part 1512 is ‘‘out 

of date in many respects,’’ and urged the 

Commission to revise the regulation. 

Finally, BPSA maintained that the 

bicycle industry has a good record of 

compliance with part 1512 and so 

extending the stay would not increase 

risk to public health or safety. The CPSC 

invited the BPSA to meet to discuss the 

petition, and such a meeting was held 

on May 3, 2010. 

II. Limited Extensions of Stay of 

Enforcement 

The Commission has decided to 

extend the stay of enforcement of the 

testing and certification requirements 

imposed by section 14 of the CPSA with 

regard to the safety regulations in 16 

CFR part 1512 (bicycles) until August 

14, 2010, with two exceptions noted 

immediately below. As of May 12, 2010, 

there are five CPSC-accepted conformity 

assessment bodies accredited to test to 

some or most of the standards contained 

in 16 CFR part 1512. This limited 

extension of the stay will provide time 

for the development of additional 

laboratory capacity for the testing of 

children’s bicycles. Nevertheless, 

bicycle manufacturers must certify 

based on testing that their products, 

both nonchildren’s and children’s, 

manufactured after August 14, 2010, 

comply with 16 CFR part 1512. 

There are two exceptions to this 

extension of the stay. Because there are 

currently no CPSC-accepted conformity 

assessment bodies accredited to test to 

the bicycle reflector requirements at 16 

CFR 1512.16, the Commission is 

extending the stay as it relates to bicycle 

reflectors and 16 CFR 1512.16 until 

November 14, 2010. The Commission is 

allowing this additional three-month 

period for the development of CPSCaccepted laboratory capacity for bicycle 

reflector testing. 

In addition, the Commission is aware 

that bicycles with non-quill-type stems 

may not be able to comply with the 

insertion mark requirement of 16 CFR 

1512.6(a). Bicycles with non-quill-type 

stems are hereby excluded from the 

requirement to certify compliance with 

the handlebar stem insertion mark 

requirement at 16 CFR 1512.6(a). 

Dated: June 9, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–14328 Filed 6–16–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 73 

[Docket No. FDA–2008–C–0098] 

Listing of Color Additives Exempt 

From Certification; Bismuth Citrate; 

Confirmation of Effective Date 

AGENCY: Food and Drug Administration, 

HHS. 


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