[Federal Register: February 12, 2003 (Volume 68, Number 29)]
[Rules and Regulations]
[Page 7072-7073]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe03-3]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1512
Requirements for Low-Speed Electric Bicycles
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: Public Law 107-319, 116 Stat. 2776 (the Act), enacted December
4, 2002, subjects low-speed electric bicycles to the Commission's
existing regulations at 16 CFR part 1512 and 16 CFR 1500.18(a)(12) for
bicycles that are solely human powered. For purposes of this
requirement, the Act defines a low-speed electric bicycle as ``a two-or
three-wheeled vehicle with fully operable pedals and an electric motor
of less than 750 watts (1 h.p.), whose maximum speed on a paved level
surface, when powered solely by such a motor while ridden by an
operator who weighs 170 pounds, is less than 20 mph.'' Public Law No.
107-319, section 1, 116 Stat. 2776 (2002). The Commission is issuing
this immediately effective amendment to its requirements for bicycles
at 16 CFR part 1512 to promptly inform the public of the newly enacted
statutory requirement on low-speed electric bicycles.
DATES: This amendment is effective upon publication in the Federal
Register, that is, on February 12, 2003.
FOR FURTHER INFORMATION CONTACT: Lowell Martin, Esq., Office of the
General Counsel, Consumer Product Safety Commission, Washington, DC
20207; telephone (301) 504-7628; e-mail lmartin@cpsc.gov.
SUPPLEMENTARY INFORMATION: Public Law 107-319 (the Act), enacted
December 4, 2002, amends the Consumer Product Safety Act (CPSA), 15
U.S.C. 2051, et seq., by adding a new
[[Page 7073]]
section 38 establishing requirements for low speed electric bicycles.
Specifically, section 1 of the Act makes low-speed electric
bicycles subject to the Commission's existing regulations on bicycles.
(a) Notwithstanding any other provision of law, low-speed
electric bicycles are consumer products within the meaning of
section 3(a)(1)[of the CPSA] and shall be subject to the Commission
regulations published at Sec. 1500.18(a)(12) and part 1512 of title
16, Code of Federal Regulations.
Public Law 107-319, section 1, 116 Stat. 2776.
The Act defines the term ``low-speed electric bicycle'' as follows:
(b) for purposes of this section, the term ``low-speed electric
bicycle'' means a two- or three-wheeled vehicle with fully operable
pedals and an electric motor of less than 750 watts (1 h.p.), whose
maximum speed on a paved level surface, when powered solely by such
a motor while ridden by an operator who weighs 170 pounds, is less
than 20 mph.
Id.
The Commission's regulation at 16 CFR 1500.18(a)(12) makes the
determination that bicycles that do not comply with the requirements of
16 CFR part 1512 present a mechanical hazard within the meaning of
section 2(s) of the Federal Hazardous Substances Act (FHSA). 15 U.S.C.
1261(s). The effect of this determination is that noncomplying bicycles
are ``hazardous substances'' for purposes of section 2(f)(1)(D) of the
FHSA, and are also ``banned hazardous substances'' pursuant to section
2(q)(1)(A) of the FHSA. 15 U.S.C. 1261(f)(1)(D), 1261(q)(1)(A). See
also, Forester v. Consumer Product Safety Com'n, 559 F.2d 774, 783-786
(D.C. Cir. 1977).
The amendment to Sec. 1512.2 of 16 CFR part 1512 promulgated today
incorporates the Act's definition of ``low-speed electric bicycle,''
thereby helping to inform the public of the statutory application of
part 1512 to low-speed electric bicycles.
Section 553(b)(3)(B) of the Administrative Procedure Act (APA)
authorizes an agency to dispense with certain notice procedures for a
rule when it finds ``good cause'' to do so. 5 U.S.C. 553(b)(3)(B).
Specifically, under section 553(b)(3)(B), the requirement for notice
and an opportunity to comment does not apply when the agency, for good
cause, finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' The requirement reflected in this
amendment is imposed by the Act and is not discretionary with the
Commission. Accordingly, the Commission hereby finds that notice and an
opportunity for comment on this amendment are unnecessary.
Section 553(d)(3) of the APA authorizes an agency, ``for good cause
found and published with the rule,'' to dispense with the otherwise
applicable requirement that a rule be published in the Federal Register
at least 30 days before its effective date. The Commission hereby finds
that the 30 day delay in effective date is unnecessary because the
requirement reflected in the amendment was imposed by the Act and is
not discretionary with the Commission.
Because this amendment incorporates a requirement mandated by
statute that is not discretionary with the Commission, and thus is not
subject to notice and comment, this rule is not subject to the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Because this
amendment incorporates a statutory requirement not subject to agency
discretion, it is not an agency action subject to the National
Environmental Policy Act, 42 U.S.C. 4321, et seq.
Pursuant to Executive Order No. 12988, the Commission states the
preemptive effect of this regulation as follows. Section 1 of the Act
provides that its requirements ``shall supercede any State law or
requirement with respect to low-speed electric bicycles to the extent
that such State law or requirement is more stringent than the Federal
law or requirements referred to in subsection (a)[the Commission's
regulations on bicycles at 16 CFR part 1512].'' Public Law No. 107-319,
section 1, 116 Stat. 2776.
List of Subjects in 16 CFR Part 1512
Consumer protection, Hazardous substances, Imports, Infants and
children, Labeling, Law enforcement, and Toys.
For the foregoing reasons, the Commission amends Title 16 of the
Code of Federal Regulation to read as follows:
PART 1512--REQUIREMENTS FOR BICYCLES
1. The authority citation for Part 1512 is revised to read as
follows:
Authority: Secs. 2(f)(1)(D), (q)(1)(A), (s), 3(e)(1), 74 Stat.
372, 374, 375, as amended, 80 Stat. 1304-05, 83 Stat. 187-89 (15
U.S.C. 1261, 1262); Pub. L. 107-319, 116 Stat. 2776.
Sec. 1512.2. [Amended]
2. Amend Sec. 1512.2, to revise paragraph (a) to read as follows:
(a) Bicycle means:
(1) A two-wheeled vehicle having a rear drive wheel that is solely
human-powered;
(2) A two- or three-wheeled vehicle with fully operable pedals and
an electric motor of less than 750 watts (1 h.p.), whose maximum speed
on a paved level surface, when powered solely by such a motor while
ridden by an operator who weighs 170 pounds, is less than 20 mph.
Dated: February 6, 2003.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 03-3423 Filed 2-11-03; 8:45 am]
BILLING CODE 6355-01-P
