[House Report 106-946]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-946
======================================================================
AMENDING THE CONSUMER PRODUCTS SAFETY ACT TO PROVIDE THAT LOW-SPEED
ELECTRIC BICYCLES ARE CONSUMER PRODUCTS SUBJECT TO SUCH ACT
_______
October 6, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bliley, from the Committee on Commerce, submitted the following
R E P O R T
[To accompany H.R. 2592]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, to whom was referred the bill
(H.R. 2592) to amend the Consumer Products Safety Act to
provide that low-speed electric bicycles are consumer products
subject to such Act, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Committee on Government Reform Oversight Findings................ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 7
Constitutional Authority Statement............................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 7
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. CONSUMER PRODUCT SAFETY ACT.
The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended
by adding at the end the following:
``low-speed electric bicycles
``Sec. 38. (a) Notwithstanding any other provision of law, low-speed
electric bicycles are consumer products within the meaning of section
3(a)(1) and shall be subject to the Commission regulations published at
section 1500.18(a)(12) and part 1512 of 16 C.F.R.
``(b) For the purpose of this section, the term `low-speed electric
bicycle' means a two- or three-wheeled vehicle with fully operable
pedals and an electric motor of less than 750 watts (1 h.p.), whose
maximum speed on a paved level surface, when powered solely by such a
motor while ridden by an operator who weighs 170 pounds, is less than
20 mph.
``(c) To further protect the safety of consumers who ride low-speed
electric bicycles, the Commission may promulgate new or amended
requirements applicable to such vehicles as necessary and appropriate.
``(d) This section shall supersede any State law or requirement with
respect to low-speed electric bicycles to the extent that such State
law or requirement is more stringent than the Federal law or
requirements referred to in subsection (a).''.
SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
For purposes of motor vehicle safety standards issued and enforced
pursuant to chapter 301 of title 49, United States Code, a low-speed
electric bicycle (as defined in section 38(b) of the Consumer Product
Safety Act) shall not be considered a motor vehicle as defined by
section 30102(6) of title 49, United States Code.
Purpose and Summary
The purpose of this bill is to amend the Consumer Product
Safety Act to provide that low-speed electric bicycles are
consumer products subject to that act. The bill removes low-
speed electric bicycles from the definition of ``motor
vehicle'' within the jurisdiction of the Department of
Transportation, where such bicycles are required to be
regulated in the same manner as motorcycles. The bill then
amends the Consumer Product Safety Act to transfer jurisdiction
over electric bicycles to the Consumer Product Safety
Commission (CPSC), where those bicycles would be regulated
similarly to human powered bicycles.
Background and Need for Legislation
Over 500,000 electric bicycles are in use worldwide, with
the market rapidly evolving over the last several years.
Electric bicycles generate no pollution, are almost silent, and
can greatly increase the recreational and transportation
options for commuters.
Some electric bicycles provide motorized assistance
pedaling, although they cannot be operated solely by motor
power. These bicycles, like all non-powered bicycles, are
regulated by the Consumer Product Safety Commission (CPSC).
Other electric bicycles can be operated solely by the electric
motor, but still use light weight frames, are used in a manner
similar to non-powered bicycles, and have maximum motorized
speeds not greater than those typical of a reasonably athletic
bicyclist.
An average person can pedal a regular bicycle for perhaps
90 minutes at 13 miles per hour, with professional bike riders
maintaining speeds above 25 miles per hour for several hours.
This is comparable to most electric bicycles, which can only
average approximately 12 miles per hour without pedaling for 90
minutes, with top speeds of 16-18 miles per hour for an average
sized adult. In contrast, even most small sized gasoline-
powered mopeds can sustain a speed of 30 miles per hour or more
for several hours without refueling.
Typical users of low-speed electric bicycles include older
and disabled riders who do not have the physical strength to
ride up hills without motorized assistance, law enforcement
agencies who use electric powered bicycles to increase their
patrol range, and commuters who cannot afford automobile
transportation or who work in traffic congested areas.
According to a 1995 Nationwide Personal Transportation Survey,
the average length for a bicycling trip is just under 2 miles,
with an average speed of just under 13 miles per hour. Using
electric power for starting and climbing inclines can greatly
increase this range. According to the League of American
Bicyclists, a California Air Resources Board study found that
when a volunteer group was provided with electric bicycles and
trained in their use, the volunteers used the bicycles for over
20% of all trips over a period of many months.
Low-speed electric bicycles are currently regulated by the
Department of Transportation by the National Highway Traffic
Safety Administration (NHTSA). Section 30111 of title 49, U.S.
Code, requires the Secretary of Transportation to prescribe
motor vehicle safety standards. The term ``motor vehicle'' is
defined by section 30102(6) as ``a vehicle driven or drawn by
mechanical power and manufactured primarily for use on public
streets, roads, and highways * * *.'' NHTSA testified in a May
Subcommittee hearing that this definition of motor vehicle
includes low-speed electric bicycles which can be operated
independently of pedaling. Thus, NHTSA believes that it is
required by statute to impose its full motor vehicle safety
standards on low-speed electric bikes, even if they are used in
the same manner as human-powered bicycles.
If NHTSA were to strictly enforce its regulations for
electric bicycles, the bikes would be required to have a number
of safety features, such as brake lights, turn signals,
automotive grade headlights, rear view mirrors, and license
plates, that are prohibitively costly, unwieldy, or consume too
much power for a low-speed electric bicycle. The League of
American Bicyclists testified that the application of motor
vehicle regulations to power-assisted bicycles would increase
the retail price of these bicycles by at least $200-$300 and
make them less manageable and more unwieldy for consumers.
NHTSA testified in May that they believe Congress should
amend the Consumer Product Safety Act to provide that low-speed
motorized bicycles are consumer products subject to the
jurisdiction of the CPSC. Since low-speed electric bicycles are
designed not to exceed the maximum speed of a human-powered
bicycle, and they are typically used in the same manner as
human-powered bicycles, electric bicycles should be regulated
in the same manner and under the same agency (the CPSC) as
human-powered bicycles.
Hearings
The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a legislative hearing on H.R. 2592 on May 16,
2000. The Subcommittee received testimony from: The Honorable
Ann Brown, Chairman, Consumer Product Safety Commission; The
Honorable Mary Sheila Gall, Commissioner, Consumer Product
Safety Commission; The Honorable Thomas H. Moore, Commissioner,
Consumer Product Safety Commission; Ms. Rosalyn G. Millman,
Deputy Administrator, National Highway Traffic Safety
Administration; and Dr. Malcolm Currie, President & C.E.O.,
Currie Technologies.
Committee Consideration
On September 14, 2000, the Subcommittee on
Telecommunications, Trade, and Consumer Protection was
discharged from the further consideration of H.R. 2592. The
Full Committee met in open markup session on September 14,
2000, and ordered H.R. 2592 reported to the House, with an
amendment, by a voice vote, a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 2592 reported. A motion by Mr. Bliley to order H.R. 2592
reported to the House, with an amendment, was agreed to by a
voice vote.
The following amendment was agreed to by a voice vote:
An amendment by Mr. Rogan providing that low-speed electric
bicycles are not considered motor vehicles for purposes of
motor vehicle safety standards issued and enforced pursuant to
chapter 301 of title 49, United States Code.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a legislative
hearing and made findings that are reflected in this report.
Committee on Government Reform Oversight Findings
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, no oversight findings have been
submitted to the Committee by the Committee on Government
Reform.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2592, a bill to amend the Consumer Products Safety Act to
provide that low-speed electric bicycles are consumer products
subject to such Act, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 5, 2000.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2592, a bill to
amend the Consumer Products Safety Act to provide that low-
speed electric bicycles are consumer products subject to such
act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Charles
Betley (for federal costs), and Shelley Finlayson (for the
state and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2592--A bill to amend the Consumer Products Safety Act to provide
that low-speed electric bicycles are consumer products subject
to such act
Summary: This bill would assign to the Consumer Product
Safety Commission (CPSC) jurisdiction for regulating the safety
of low-power electric bicycles. Low-power electric bicycles are
defined by the bill as bicycles or tricycles with an electric
motor of less than one horsepower or 750 watts and a maximum
speed of 20 mph on a level surface. The bill also would preempt
state laws affecting such vehicles that are more stringent than
the Consumer Products Safety Act, since some states have
classified low-speed electric bicycles under their motor
vehicle laws. The bill would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
CBO estimates that implementing and enforcing new regulations
under the bill would cost less than $500,000 per year, subject
to the availability of appropriated funds.
H.R. 2592 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA) because it would
preempt any state law or regulation that has more stringent
requirements for the regulation of low-speed electric bicycles
than those required under the bill. Although data are limited,
CBO estimates that complying with these mandates would not
exceed the threshold established by the act ($55 million in
2000, adjusted annually for inflation). The bill would not
impose any private-sector mandates as defined in UMRA.
Estimated cost to the Federal Government: Currently, the
National Highway Traffic Safety Administration (NHTSA)
regulates ``motor-driven cycles,'' which are defined as
motorcycles and mopeds with less than five horsepower. By
assigning jurisdiction of low-power electric bicycles to the
CPSC, NHTSA may expend fewer resources on regulating a
relatively low-risk transportation vehicle, but would still be
responsible for enforcing safety regulations for motor-driven
cycles that have gasoline engines, that are capable of speeds
greater than 20 mph, or that have more than one horsepower.
Additional costs to the federal government would occur should
the CPSC decide that, to assure consumer safety, low-power
electric bicycles require new regulations. CBO estimates that
discretionary costs for implementing potential new safety
regulations would be less than $500,000 per year. The costs of
this legislation fall within budget function 550 (health).
Pay-as-you-go considerations: None.
Estimated impact on State, Local, and Tribal Governments:
H.R. 2592 contains an intergovernmental mandate as defined in
UMRA. The bill would expressly preempt state laws and
regulations governing low-speed electric bicycles that contain
more stringent requirements than those established by the
Consumer Product Safety Commission. Because states vary
significantly in their regulation of consumer products and
information about the operation of such programs is limited,
CBO cannot determine with certainty the effect of this bill on
state budgets. However, because the state statutes we reviewed
largely regulate the use of low-speed electric bicycles in
traffic, not the standards by which they are produced, CBO
estimates that any costs to states, primarily lost revenue from
fines, would likely to minimal and would not exceed the
threshold established by UMRA ($55 million in 2000, adjusted
annually for inflation).
Estimated impact on the private sector: The bill would
authorize the CPSC to expand the existing regulations for
bicycles to include new regulations for low-speed electric
bicycles. Industry experts stated that, should the CPSC decide
to regulate low-speed bicycles in the same category as
bicycles, those requirements would be less burdensome for
manufacturers than existing requirements under NHTSA. Thus, CBO
expects that the bill would impose no new private-sector
mandates.
Estimate prepared by: Federal Costs: Charles Betley; Impact
on State, Local, and Tribal Governments: Shelley Finlayson; and
Impact on the Private Sector: Jean Wooster.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Consumer Product Safety Act
This section classifies low-speed electric bicycles as
consumer products within the meaning of the Consumer Products
Safety Act, making them subject to regulation and oversight by
the Consumer Product Safety Commission. Low-speed electric
bicycles are defined as two- or three-wheeled vehicles with
fully operable pedals and an electric motor of less than 750
watts (1 h.p.), whose maximum speed on a paved level surface,
when powered solely by such a motor while ridden by an operator
who weighs 170 pounds, is less than 20 mph. This definition
derives from the Department of Transportation's definition of
electric bicycles used in the Bicycle Transportation and
Pedestrian Walkways provisions of section 217(j) of title 23 of
the U.S. Code, which provides that the term ``electric
bicycle'' means any bicycle or tricycle with a low-powered
electric motor weighing under 100 pounds, with a top motor-
powered speed not in excess of 20 miles per hour. Any State
laws or requirements governing low-speed electric bicycles that
are more stringent than those of the Commission are superseded.
Section 2. Motor vehicle safety standards
This section clarifies that in transferring jurisdiction
over low-speed electric bicycles to the Consumer Product Safety
Commission, those bicycles will no longer be regulated as motor
vehicles and subject to the jurisdiction of the Department of
Transportation and the National Highway Traffic Safety
Administration.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 38 OF THE CONSUMER PRODUCT SAFETY ACT
low-speed electric bicycles
Sec. 38. (a) Notwithstanding any other provision of law, low-
speed electric bicycles are consumer products within the
meaning of section 3(a)(1) and shall be subject to the
Commission regulations published at section 1500.18(a)(12) and
part 1512 of 16 CFR.
(b) For the purpose of this section, the term ``low-speed
electric bicycle'' means a two- or three-wheeled vehicle with
fully operable pedals and an electric motor of less than 750
watts (1 h.p.), whose maximum speed on a paved level surface,
when powered solely by such a motor while ridden by an operator
who weighs 170 pounds, is less than 20 mph.
(c) To further protect the safety of consumers who ride low-
speed electric bicycles, the Commission may promulgate new or
amended requirements applicable to such vehicles as necessary
and appropriate.
(d) This section shall supersede any State law or requirement
with respect to low-speed electric bicycles to the extent that
such State law or requirement is more stringent than the
Federal law or requirements referred to in subsection (a).