[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] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1512 Requirements for Bicycles AGENCY: Consumer Product Safety Commission. ACTION: Revocation of rules. ----------------------------------------------------------------------- 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