[Federal Register Volume 68, Number 172 (Friday, September 5, 2003)]
[Rules and Regulations]
[Pages 52690-52691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22587]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1512


Requirements for Bicycles--Tests and Test Procedures; Correction

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule; correction.

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SUMMARY: It has come to the attention of the Consumer Product Safety 
Commission (CPSC or Commission) recently that the equation defining the 
criteria for the reflective tire and rim test that appears in the 
current CPSC bicycle regulations has several typographical errors. 
Therefore, the Commission is issuing this immediately effective 
revision to the pertinent portion of the those regulations to correct 
the errors.

DATES: This rule is effective September 5, 2003.

FOR FURTHER INFORMATION CONTACT: Vincent Amodeo, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, Washington, 
DC 20207; telephone (301) 504-7570; e-mail [email protected]

SUPPLEMENTARY INFORMATION: 

A. The Correction

    The Commission's bicycle regulations issued under authority of the 
Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1261-1278, appear at 
16 CFR part 1512. The current version of the portion of those 
regulations establishing the criteria for testing reflective tires and 
rims contains several typographical errors. In particular, in Sec.  
1512.18(o)(2)(iv), in the Ratio equation, the symbol ``[thetas]'' for 
the entrance angle is missing and the symbol ``[Phi]'' for the 
observation angle is incorrectly shown as a lower case ``o''. The 
correct equation reads as follows:

A = 4Cos2[thetas]/[1+([Phi]/0.225) 3/2]

    The symbols [thetas] and [Phi] are also omitted in the sentence 
following the Ratio equation. Accordingly, the Commission is issuing 
this immediately effective amendment to Sec.  1512.18(o)(2)(iv) to 
correct these errors.

[[Page 52691]]

B. The Administrative Procedure Act (APA)

    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.'' This amendment corrects obvious 
typographical errors in the current versions of Sec.  1512.18(o)(2)(iv) 
and does not change the criteria set forth therein. Accordingly, the 
Commission hereby finds that notice of, and public comment on, this 
technical correction 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 a 30 day delay in the effective date is unnecessary because this 
technical amendment merely corrects obvious typographical errors in the 
current version of Sec.  1512.18(o)(2)(iv).

C. Other Rulemaking Requirements

    Because this technical correction is being issued as a final rule 
not subject to notice and comment, it is not subject to the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq.
    The Commission's regulations at 16 CFR 1021.5(c)(1) state that 
rules or safety standards to provide design or performance requirements 
for products normally have little or no potential for affecting the 
human environment. Because this amendment is a technical correction 
that makes no change to the substantive requirements of the portion of 
the regulations being amended, the Commission concludes that no 
environmental assessment or environmental impact statement is required.
    As provided for in Executive Order 12988 (February 5, 1996), the 
CPSC states the preemptive effect of this technical correction 
amendment as follows. The FHSA provides that, generally, if the 
Commission issues a banning rule under section 2(q) of the FHSA to 
protect against a risk of illness or injury associated with a hazardous 
substance, ``no State or political subdivision of a State may establish 
or continue in effect a requirement applicable to such substance and 
designed to protect against the same risk of illness or injury unless 
such requirement is identical to the requirement established under such 
regulations.'' 15 U.S.C. 1261n(b)(1)(B). Upon application to the 
Commission, a State or local standard may be excepted from this 
preemptive effect if the State or local standard (1) provides a higher 
degree of protection from the risk of injury or illness than the FHSA 
standard and (2) does not unduly burden interstate commerce. In 
addition, the Federal government, or a State or local government, may 
establish and continue in effect a non-identical requirement that 
provides a higher degree of protection than the FHSA requirement for 
the hazardous substance for the Federal, State or local government's 
own use. 15 U.S.C. 1261n(b)(2). Thus, this technical correction 
amendment preempts non-identical state or local requirements designed 
to protect against the same risk of injury.


0
For the reasons stated in the preamble, the Commission amends part 1512 
of Title 16 of the Code of Federal Regulations to read as follows:

PART 1512--REQUIREMENTS FOR BICYCLES

0
1. The authority for Part 1512 continues 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.


0
2. In Sec. 1512.18, revise the heading and first sentence of paragraph 
(o)(2)(iv) to read as follows:


Sec.  1512.18  Tests and test procedures.

* * * * *
    (o) * * *
    (2) * * *
    (iv) Criteria. The ratio A as defined in Sec.  1512.18(o)(2)(iii) 
shall not be less than:

A = 4Cos2[thetas]/[1+([Phi]/0.225) 3/2]


where A is ratio in meters, [thetas] is the entrance angle in degrees, 
and [Phi] is the observation angle in degrees. * * *
* * * * *

    Dated: August 28, 2003.
Todd A. Stevenson, Secretary,
Consumer Product Safety Commission.
[FR Doc. 03-22587 Filed 9-4-03; 8:45 am]
BILLING CODE 6355-01-P