Proposed Rule2023-11137
Petition Requesting Rulemaking To Revoke the Footbrake Requirement for Sidewalk Bicycles
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 25, 2023
Issuing agencies
Consumer Product Safety Commission
Abstract
The Consumer Product Safety Commission has received a petition requesting that it initiate rulemaking to eliminate the footbrake requirement for certain sidewalk bicycles, which Commission regulations define as bicycles with a seat height of no more than 635 mm (25 inches), not including recumbent bicycles and in addition, seeks comments on the adequacy of requirements for bicycles in the Commission's rules, including electric bicycles. The Commission invites written comments concerning the petition.
Full Text
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<title>Federal Register, Volume 88 Issue 101 (Thursday, May 25, 2023)</title>
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[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Proposed Rules]
[Pages 33857-33858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11137]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1512
[Docket No. CPSC-2023-0023]
Petition Requesting Rulemaking To Revoke the Footbrake
Requirement for Sidewalk Bicycles
AGENCY: Consumer Product Safety Commission.
[[Page 33858]]
ACTION: Request for comment on petition for rulemaking.
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SUMMARY: The Consumer Product Safety Commission has received a petition
requesting that it initiate rulemaking to eliminate the footbrake
requirement for certain sidewalk bicycles, which Commission regulations
define as bicycles with a seat height of no more than 635 mm (25
inches), not including recumbent bicycles and in addition, seeks
comments on the adequacy of requirements for bicycles in the
Commission's rules, including electric bicycles. The Commission invites
written comments concerning the petition.
DATES: Submit comments by July 24, 2023.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2023-
0023, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the instructions for
submitting comments. Do not submit through this website: confidential
business information, trade secret information, or other sensitive or
protected information that you do not want to be available to the
public. CPSC typically does not accept comments submitted by electronic
mail (email), except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, or courier to: Office of the Secretary, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479.
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to: <a href="http://www.regulations.gov">www.regulations.gov</a>. If you wish to submit
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: <a href="/cdn-cgi/l/email-protection#6a091a19094705192a091a1909440d051c"><span class="__cf_email__" data-cfemail="e281929181cf8d91a281929181cc858d94">[email protected]</span></a>.
Docket: For access to the docket to read background documents or
comments received, go to: <a href="http://www.regulations.gov">www.regulations.gov</a>, and insert the docket
number, CPSC-2023-0023, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Alberta E. Mills, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: 301-504-7479; email: <a href="/cdn-cgi/l/email-protection#8deefdfeeea0e2fecdeefdfeeea3eae2fb"><span class="__cf_email__" data-cfemail="d2b1a2a1b1ffbda192b1a2a1b1fcb5bda4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On September 21, 2022, Don Mays of Product
Safety Insights, LLC (petitioner), on behalf of woom (a manufacturer of
children's bicycles), requested that the Commission initiate rulemaking
to eliminate the footbrake requirement for sidewalk bicycles in 16 CFR
1512.5(e). Sidewalk bicycles, which generally are children's bicycles,
are defined as bicycles with a seat height of no more than 635 mm (25
inches), not including recumbent bicycles. 16 CFR 1512.2(b). Commission
regulations require that sidewalk bicycles with a minimum seat height
of 560 mm (22 inches) must have footbrakes that cause the bicycle to
stop when a pedal is rotated backwards. 16 CFR 1512.5(c), (e).
The petition argues that this regulation for sidewalk bicycles is
out of date. The petition asserts that it is ``hard to compare the
relative safety of bicycle braking between children's bicycles with a
combination of handbrakes and a footbrake to those with just
handbrakes,'' and alleges that there is no evidence that handbrakes are
less safe than the required footbrakes--and may be safer than
footbrakes. The request also asserts that manufacturers are producing
and selling non-compliant children's bicycles without footbrakes. The
petition claims that footbrakes cost more to produce than handbrakes,
putting manufacturers that comply with CPSC's brake regulations at a
competitive disadvantage to those who do not comply. The petition also
states that European regulations do not require footbrakes for
children's bicycles.
The Commission seeks comments as well as any studies or data
pertaining to safety of footbrakes or handbrakes from the public
concerning this petition.\1\ In addition, the Commission seeks public
comment on whether any other requirements in 16 CFR part 1512 are out
of date, including whether such requirements are adequate to address
bicycles defined in section 1512.2(a)(2). To the extent possible,
commenters should provide specific information, including reference to
known documentation, engineering studies, technical studies, reports of
injuries, medical findings, legal analyses, economic analyses, and
environmental impact analyses.
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\1\ The Commission voted 4-0 to approve publication of this
notice.
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The major factors the Commission considers in deciding whether to
grant or deny a petition regarding a product include:
(1) Whether the product presents an unreasonable risk of injury.
(2) Whether a rule is reasonably necessary to eliminate or reduce
the risk of injury.
(3) Whether failure to initiate the requested rulemaking proceeding
would unreasonably expose the petitioner or other consumers to the risk
of injury which the petitioner alleges is presented by the product.
In considering these factors, the Commission will consider the
relative priority of the risk of injury associated with the product at
issue and the Commission's available resources. 16 CFR 1051.9(b). The
CPSC Policy on Establishing Priorities for Commission Action, 16 CFR
1009.8, sets forth the criteria upon which Commission priorities are
based.
The petition is available at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, under
Docket No. CPSC-2023-0023, Supporting and Related Materials.
Alternatively, interested parties may obtain a copy of the petition by
writing or calling the Office of the Secretary, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301)
504-7479; email: <a href="/cdn-cgi/l/email-protection#6a091a19094705192a091a1909440d051c"><span class="__cf_email__" data-cfemail="5b382b28387634281b382b2838753c342d">[email protected]</span></a>.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2023-11137 Filed 5-24-23; 8:45 am]
BILLING CODE 6355-01-P
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