3041-AC28 202404 Unified Agenda of Federal Regulatory and Deregulatory Actions 3041 Consumer Product Safety Commission CPSC All-Terrain Vehicles

In 2005, the Commission published an advance notice of proposed rulemaking (ANPRM) concerning all-terrain vehicles (ATVs) under the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA). In 2006, the Commission issued a notice of proposed rulemaking (NPRM) proposing to ban three-wheeled ATVs and mandate performance, training, labeling, and information requirements for four-wheeled ATVs. Section 232 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) states that the Commission must issue a final rule in its ongoing ATV rulemaking proceeding. Section 232 of the CPSIA also directed the Commission to publish as a mandatory standard the voluntary standard for four-wheeled ATVs (ANSI/SVIA 1-2007), which the Commission has done. Section 232 of the CPSIA also prohibits the importation of new three-wheeled ATVs into the United States, or their distribution in U.S. commerce while the Commission's ATV rulemaking proceeding is pending. Following CPSIA direction, CPSC amended the mandatory consumer product safety standard to reference the 2010 edition of the voluntary standard, and subsequently, the 2017 edition of the voluntary standard. In 2012, the Commission held an ATV Safety Summit to (1) provide stakeholders with an opportunity to present their views on some ATV issues that remain from the 2006 NPRM, and (2) mobilize stakeholders for future action that stakeholders could take to improve the safety of ATVs. Staff continues to evaluate vehicle stability and occupant protection, as required by the CPSIA, and to engage ATV manufacturers on voluntary standards efforts. Section 42 of the Consumer Product Safety Act, 15 U.S.C. 2089, provides that if ANSI revises its voluntary ATV standard, it must notify the Commission.  Within 120 days of receiving notification, the Commission must issue a notice of proposed rulemaking (under 5 U.S.C. 553) to amend its mandatory ATV standard to include "any such revision that the Commission determines is reasonably related to the safe performance of ATVs."  On March 21, 2023, ANSI notified the Commission that the 2017 edition of the ANSI/SVIA standard had been revised.  On July 14, 2023, the Commission voted to issue an NPRM.  The NPRM was published in the Federal Register on July 27, 2023.  The Final Rule to amend the Commission's mandatory ATV standard to reference the 2023 edition of the ANSI/SVIA standard was published in the Federal Register on January 23, 2024 with an effective date of January 1, 2025. Staff will conduct data analysis and technical review of ATV safety in fiscal year 2024.

]]> Substantive, Nonsignificant Previously Published in The Unified Agenda Prerule Stage Undetermined No 16 CFR 1420 15 U.S.C. 2089 No Staff Sent Draft ANPRM to Commission 09/15/2005 Commission Decision 10/05/2005 ANPRM 10/14/2005 70 FR 60031 ANPRM Comment Period Closed 12/13/2005 Staff Sent NPRM Briefing Package to Commission 05/31/2006 Commission Decision 07/12/2006 NPRM 08/10/2006 71 FR 45903 NPRM Comment Period Closed 10/24/2006 NPRM Comment Period Extended 10/20/2006 71 FR 61923 NPRM Extended Comment Period Closed 12/26/2006 Staff Sent Status Report to Commission 02/13/2008 Commission Published Voluntary Standard as Mandatory Standard 11/14/2008 73 FR 67385 Staff Sent Draft NPRM to Commission 07/06/2011 Commission Decision to Publish NPRM to Update Voluntary Standard Reference 07/15/2011 NPRM to Update Voluntary Standard Reference 07/25/2011 76 FR 44286 Comment Period End for Updating Voluntary Standard Reference 10/11/2011 Staff Sent Briefing Package to Update Voluntary Standard Reference 02/08/2012 Commission Decision to Update Voluntary Standard Reference 02/14/2012 Final Rule to Update Voluntary Standard Reference 02/29/2012 77 FR 12197 Staff Sends Briefing Package to Commission About an ATV Safety Summit 08/09/2012 Commission Decision to Hold ATV Safety Summit 08/14/2012 Notice of ATV Safety Summit 08/27/2012 77 FR 51731 ATV Safety Summit 10/11/2012 Comment Period End 11/14/2012 Staff Sends Report on ATV Safety Summit to Commission 09/30/2013 Staff Sent NPRM Briefing Package to Commission 08/30/2017 Commission Decision 09/06/2017 NPRM 09/13/2017 82 FR 42960 Comment Period End 11/27/2017 Staff Sends Final Rule Briefing Package to Commission 02/14/2018 Commission Decision 02/21/2018 Final Rule 02/27/2018 83 FR 8336 Final Rule Effective 01/01/2019 Staff Sends NPR for SVIA Update to Commission 07/05/2023 Commission Decision 07/17/2023 88 FR 48398 Comment Period End 09/25/2023 Final Rule 01/23/2024 89 FR 4188 Staff Conducts Data Analysis and Technical Review 09/00/2024 Undetermined Undetermined Undetermined Undetermined No Yes Han Lim S. Project Manager 3041 301 504-7538 hlim@cpsc.gov Directorate for Engineering Sciences, 4330 East West Highway, Bethesda MD 20814-4408