[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 [www.gpo.gov]
[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: www.regulations.gov. 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: www.regulations.gov. 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: [email protected].
    Docket: For access to the docket to read background documents or 
comments received, go to: www.regulations.gov, 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: [email protected].

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: https://www.regulations.gov, 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: [email protected].

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