### U.S. CONSUMER PRODUCT SAFETY COMMISSION 4330 EAST WEST HIGHWAY BETHESDA, MARYLAND 20814-4408 Todd A. Stevenson Director 0 Office ofthe Secretary Division of Information Management 0 Office of Information and Technology Tel: 301-504-6836 Fax: 301-504-0127 Email: tstevenson@cpsc.gov
May 24,2010

Erika Z. Jones Counsel to Bicycle Product Suppliers Association Mayer Brown LLP 1999 K Street, N.W. Washington, D.C. 20006-1101

Dear Ms. Jones,

This responds to your petition, dated April 1,2010, on behalfofthe Bicycle Product Suppliers Association (BPSA). The petition requested an extension ofthe stay ofenforcement ofthe testing and certificationrequirements related to 16 CFRpart 1512 imposed by section 14 ofthe Consumer Product Safety Act (CPSA), as amended by the Consumer Product Safety Improvement Act of2008 (CPSIA).

The Consumer Product Safety Commission (Commission or CPSC) has decided to extend the stay related to 16 CFRpart 1512 (otherthan 16 CFR § 1512.16, as discussed below) until August 14, 2010. Manufacturers and importers ofproducts subject to 16 CFRpart 1512 that are manufactured

on or after August 14, 2010, will need to certify that theirproduct complies with 16 CFRpart 1512. Certifications ofbicycles designed orintendedprimarily for children 12 years ofage or younger must be based ontests conducted by a third party conformity assessment body whose accreditation has been accepted by the CPSC. As you are aware the CPSC maintains a list ofthird party conformity assessment bodies on its website. Certifications ofnonchildren's bicycles must be based

on a test ofeachproduct or upon a reasonable testing program.

The Commission is aware that there are currently no CPSC-accepted conformity assessment bodies accreditedto test reflectors for compliance with 16 CFR § 1512.16. Commission staffwill be discussing this issue with conformity assessment bodies in the coming weeks. We encourage BPSA members to work diligently to inform the conformity assessment body industry ofthe bicycle industry's need for CPSC-accepted third party conformity assessment bodies that will be capable of testing reflectors. Nevertheless, because there are not currently any CPSC-acceptedthird party conformity assessment bodies accredited to perform reflector tests, a stay related solely to 16 CFR § 1512.16 will remain in effect until November 14,2010. Reflectors onchildren's bicycles manufactured on or after November 14, 2010, must be third-party tested, absent a finding by the Commissionthat conformity assessment body capacity remains insufficient.

CPSC Hotline: 1-800-638-CPSC(2772)

# * CPSC's Web Site: http://www.cpsc.govPage 2

The Commission is aware that bicycles with non-quill-type stems may not be able to comply with the insertion mark requirement of 16 C.F.R. § 1512.6(a). Until this issue can be addressed by revision ofthe regulations, therefore, the insertion markrequirement for non-quill-type stems is hereby excluded from the certificationrequirement.

Thus, withrespect to 16 CFRpart 1512, the Commissionexpects that, for children's bicycles, the requirements of 16 CFRpart 1512 that do not pertain to reflectors will be tested by CPSC-accepted third party conformity assessment bodies. For nonchildren'sproducts, the requirements of 16 CFRpart 1512 that do notpertainto reflectors will be subject to either a test of each product or a reasonable testing program. Forreflectors, the Commission will continue the stay until November 14, 2010. Additionally, as stated inthe previous paragraph, for all bicycles with non-quill-type stems, the insertion markrequirement is excluded from the certificationrequirement.

The Commission is also aware that part 1512 does not adequately address some ofthe technologies and designs used in conjunctionwith today's bicycles. The Commissionis beginning the process ofreviewing its regulations to determine whatrevisions are necessary. The Compliance staffrequests that manufacturers who believe they are unable to certify current designs to part 1512 provide, no later than June 4, 2010, specific information as to whichprovisions ofthe current regulation are problematic, which models orclasses ofbicycles are affected, and an explanation of the issue. The staffwill provide certification guidance on these issues as soon as feasible thereafter.

The Commission will publish a notice inthe FederalRegister that will communicate to the public the decision expressed in this letter. We appreciate the BPSA meeting with Commission staff

on May 3, 2010, to discuss the issues involved inthe petition, and we look forward to continuing to workwiththe BPSA.

Sincerely,

# ~~ Todd A. Stevenson Secretary