[Federal Register: September 5, 2003 (Volume 68, Number 172)]
[Rules and Regulations]
[Page 52690-52691]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se03-5]
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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 vamodeo@cpsc.gov
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.
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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.
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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