[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Rules and Regulations]
[Pages 62989-62990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29898]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1512
Requirements for Bicycles
AGENCY: Consumer Product Safety Commission.
ACTION: Revocation of rules.
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SUMMARY: The Commission revokes two labeling rules applicable to
bicycles introduced into interstate commerce between May 11, 1976, and
May 11, 1978. The Commission is revoking these rules because no
bicycles offered for sale at this time are subject to their
requirements.
EFFECTIVE DATE: December 8, 1995.
FOR FURTHER INFORMATION CONTACT: Allen F. Brauninger, Attorney, Office
of the General Counsel, Consumer Product Safety Commission, Washington,
DC 20207; telephone (301) 504-0980, extension 2216.
SUPPLEMENTARY INFORMATION:
A. Background
In 1976, the Commission published regulations prescribing safety
requirements for bicycles under the authority of the Federal Hazardous
Substances Act (FHSA) (15 U.S.C. 1261 et seq.), to become effective on
May 11, 1976. (See the Federal Register notice of January 28, 1976; 41
FR 4144.) These regulations are codified at 16 CFR Part 1512, and
include requirements for the design, performance, and labeling of
bicycles.
The regulations are applicable to bicycles introduced into
interstate commerce on and after May 11, 1976. Bicycles introduced into
interstate commerce before that date are not subject to their
requirements. Consequently, on the effective date of the regulations,
bicycles introduced into interstate commerce before May 11, 1976, could
be sold without violating the regulations or the FHSA.
B. Issuance of Temporary Labeling Requirements
To help consumers identify bicycles manufactured to comply with the
regulations, the Commission included a requirement in the regulations
that bicycles introduced into interstate
[[Page 62990]]
commerce from May 11, 1976, through May 11, 1978, had to be labeled
with a hang tag or other removable label stating: ``Meets U.S. Consumer
Product Safety Commission Regulations for Bicycles.'' See section
1512.19(d) of the regulations. Section 1512.19(d) specifies minimum
dimensions for the label and the height of the lettering of the
required statement.
After the effective date of the bicycle regulations, the Commission
issued a statement of policy and interpretation to allow minor
variations in the size of the hang tags or labels required by section
1512.19(d). See the Federal Register of May 27, 1976. The statement of
policy and interpretation is codified as 16 CFR 1512.50.
C. Revocation
No bicycles introduced into commerce now or in the future are or
will be subject to the labeling rule and policy statement codified at
16 CFR 1512.19(d) and 1512.50. For this reason, the Commission is
revoking that rule and policy statement.
Generally, the Administrative Procedure Act (APA) (5 U.S.C. 553)
requires agencies to publish a notice of proposed rulemaking and
provide opportunity for public comment before issuing or revoking a
regulation. However, the APA provides at 5 U.S.C. 553(b)(B) that the
requirement for a notice of proposed rulemaking is not applicable when
the agency finds for good cause that notice of proposed rulemaking and
public participation are ``impracticable, unnecessary, or contrary to
the public interest.''
The Commission finds for good cause that notice of proposed
rulemaking and public participation are unnecessary. As noted, labeling
under 16 CFR 1512.19(d) and 1512.50 was required only for bicycles
introduced into commerce from May 11, 1976, to May 11, 1978. The rules
being revoked have no effect on the rights or duties of any persons who
manufacture, sell, or purchase bicycles at this time. Providing notice
of proposed rulemaking and opportunity for submission of written
comments on the proposal would be a meaningless procedure in this case.
The APA also requires at 5 U.S.C. 553(d) that a substantive rule
must be published at least 30 days before its effective date unless the
agency finds for good cause that such delay is not needed. Again, no
bicycles offered for sale now or in the future are or will be subject
to the rules being revoked. Therefore, the Commission finds for good
cause that a delayed effective date is unnecessary, and this revocation
shall become effective immediately.
D. Conclusion
Therefore, under the authority of section 553 of the Administrative
Procedure Act and sections 2 and 3 of the Federal Hazardous Substances
Act, the Commission hereby amends title 16 of the Code of Federal
Regulations, Chapter II, Subchapter C, Part 1512 to read as follows:
PART 1512--[AMENDED]
1. The authority for Part 1512 continues to read as follows:
Authority: Sec. 2(f)1(D), (q)(1)(A), (s), 3(e)(1), 74 Stat. 372,
374, as amended, 80 Stat. 1304-05, 83 Stat. 187-89 (15 U.S.C. 1261,
1262).
Sec. 1512.19 [Removed and Reserved]
Sec. 1512.50 [Removed and Reserved]
2. Sections 1512.19(d) and 1512.50 are removed and reserved
effective December 8, 1995.
Dated: December 4, 1995.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 95-29898 Filed 12-7-95; 8:45 am]
BILLING CODE 6355-01-P