CPSC Proposes Updates & Clarifications to Its Bicycle Regulations
The Consumer Product Safety Commission has issued a proposed rule that would amend its bicycle regulations to make minor changes to certain requirements to reflect the development of new technologies, designs, and features in bicycles. The proposed rule would also clarify that certain provisions or testing requirements do not apply to specific bicycles or bicycle parts.
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Comments are due by January 18, 2011.
Trade Wanted Bike Standard Update and Longer CPSIA Stay
CPSC received a request by the Bicycle Products Suppliers Association (BPSA) in April 2010 to modernize certain aspects of the bicycle regulations at 16 CFR 1512 and to extend the stay of enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA) testing and certification requirements1 which had been in place since February 2009, but was due to lift for bicycles on May 17, 20102. According to the petition, it was difficult for the trade to test and certify to outdated requirements.
(See ITT’s Online Archives or 02/02/09, 12/29/09, and 05/14/10 news, 0902020509122920, and 10051491, for BP summaries of CPSC’s stay of enforcement and the BPSA petition, respectively.)
Short Extension of CPSIA Stay Granted, but Lifted on Aug 14, 2010
In June 2010, CPSC extended the testing and certification stay for bicycles, but only until August 14, 2010.2 In that notice, it also gave a longer testing/certification extension for reflectors (until November 14, 2010) and excluded non-quill-type stems from the requirement to certify compliance with the handlebar stem insertion mark requirements. (See ITT’s Online Archives or 06/17/10 news, 10061793, for BP summary.)
Rule Proposes Only Minor Adjustments, More Extensive Review in Future
CPSC acknowledges that bicycle technologies, designs, and features have changed dramatically since the bicycle regulations were originally promulgated in 1978 and that despite certain revisions over the years, changes are necessary. However, the agency cannot conduct a comprehensive review of the bicycle regulations in the timeframe that is necessary for implementing the CPSIA testing and certification requirements.
Accordingly, this proposed rule would make only limited amendments to facilitate testing and certification of bicycles. CPSC will consider the remainder of the issues identified by the BPSA when it undertakes a more extensive review of the bicycle regulations in the future.
Examples of Proposed Changes
The following are some of the changes the proposed rule would make to the bicycle standard (partial list):
Quill-type handlebar stems. The proposed rule would change the opening words of 16 CFR 1512.6 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 16 CFR1512.6(a).
Clarification of sharp edge prohibition. 16 CFR 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.
Capping of control cable ends. 16 CFR 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.
Recumbent bicycles. The proposed rule would create an exception for recumbent bicycles from the seat height limitation in 16 CFR 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 16 CFR 1512.15(a).
1The CPSIA requires domestic manufacturers (in the case of domestic products) or importers (in the case of imports) of consumer products that are subject to a CPSC-enforced rule, ban, standard, etc. to certify, based on testing, that their products comply. For non-children’s products, the certification must be based on a test of each product or on a reasonable testing program. For children’s products, the certification must be based on testing by a CPSC-recognized third party lab. (See ITT’s Online Archives or 09/03/09 news, 09090315, for BP summary of the lab accreditation requirements for testing children’s bicycles.)
2Note that CPSC issued a two year stay on the lead content limits for certain bicycle, jogger stroller, and bicycle trailer components in July 2009 until July 1, 2011. (See ITT’s Online Archives or 07/01/09 news, 09070115, for BP summary.)
CSPC contact - Vincent Amodeo (301) 504-7570 e-mail vamodeo@cpsc.gov
(D/N CPSC-2010-0104, FR Pub 11/01/10)