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[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Rules and Regulations]               
[Page 34360]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn10-11]                         

[[Page 34360]]

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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.

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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 
CPSC-accepted 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
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