CPSC Updates Bike Reg's to Facilitate Testing and Certification
The Consumer Product Safety Commission has issued a final rule, effective June 13, 2011, which makes minor amendments to its bicycle regulations to reflect new technologies, designs, and features in bicycles. The rule clarifies that certain provisions or testing requirements do not apply to specific bicycles or bicycle parts. It also clarifies several ambiguous and confusing provisions, corrects typographical errors, and removes an outdated reference.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Only Makes Minor Updates to Facilitate Testing/Certification
CPSC explains that this rulemaking was intended to make minor changes to the bicycle regulations to facilitate the testing and certification requirements of the Consumer Product Safety Improvement Act of 2008 (CPSIA).1 The agency had received a request from the Bicycle Products Suppliers Association in April 2010 asking it to modernize certain aspects of the bicycle regulations for this purpose (and to exclude bikes from the CPSlA lead content limits and extend testing/certification stays for bikes). (See ITT’s Online Archives or 05/14/10 news, 10051491, for BP summary of the petition.)
Testing/Certification Needed Since Aug 2010 Except for Reflectors, Lead Content
CPSC notes that CPSIA testing and certification for bicycles has been required since August 14, 2010 when CPSC lifted its stay of enforcement for this product. However, two specific testing/certification stays were left in place (for bike reflectors until November 14, 2010 and for the lead content of certain parts of children’s bikes until July 1, 2011). In addition, in June 2010, CPSC 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).
With this notice, CPSC is extending the testing/certification stay for bike 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.
In addition, the testing/certification stay for lead content of all children’s products, including children’s bikes, was extended until December 31, 2011. (See ITT’s Online Archives or 07/01/09 and 02/02/11 news, Ref:09070115] and 11020232, for BP summaries of the lead content enforcement stays affecting children’s bikes.)
CPSC to Conduct Comprehensive Review in Future
CPSC 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 many changes in bicycle technology, material, and design that have emerged since the bicycle regulations were first promulgated were 1978.
Examples of Updates to Regulations
The following are some of the changes the final rule makes to the bicycle regulations
(partial list):
Quill-type handlebar stems. The final rule changes the opening words of 16 CFR 1512.6 paragraph (a) from “The handlebar stem shall” to “Quill-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 codifies the CPSC policy, announced in June 2010 that nonquill-type stems are 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 final rule adds 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 final rule adds 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 do not need to be covered with protective caps or otherwise treated to prevent unraveling.
Recumbent bicycles. The final rule creates 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 will enable recumbent bicycles to retain their high seat-back design without being in violation of 16 CFR 1512.15(a).
1CPSC 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.
(See ITT’s Online Archives or 11/01/10 news, 10110112, for BP summary of CPSC’s November 2010 proposed rule.)
CPSC contact -- Vincent Amodeo (301) 504-7570, vamodeo@cpsc.gov
(FR Pub 05/13/11, D/N CPSC-2010-0104)