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CPSC

RIN: 3041-AC28

Publication ID: Spring 2011

Title: All-Terrain Vehicles
Abstract: On October 14, 2005, the Commission published an advance notice of proposed rulemaking (ANPRM) concerning all-terrain vehicles (ATVs). Issuance of the ANPRM initiated a rulemaking proceeding under the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA). After reviewing the regulatory alternatives and the comments submitted in response to the ANPRM, staff developed a May 31, 2006 briefing package recommending that the Commission issue a notice of proposed rulemaking (NPRM) that would ban formally three-wheeled ATVs and mandate performance, training, labeling, and information requirements for four-wheeled ATVs. Other nonregulatory activities also were recommended, including the launch of an ATV safety website and a two phase information and education effort. A Commission briefing was held on June 15, 2006. On July 12, 2006, the Commission voted to approve publication of the draft NPRM with changes in the Federal Register. The NPRM was published on August 10, 2006, with a comment closing date of October 24, 2006. Seven ATV manufacturers and distributors requested a 60-day extension of the comment period. The Commission granted their request, and the comment closing date was extended to December 26, 2006. Staff conducted research as directed by the Commission in its vote on July 12, 2006. On February 13, 2008, staff sent to the Commission a report summarizing the status of staff's research activities. A second status report summarizing completion of the staff's research activities will be incorporated into the FY 2011 briefing package. 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 made the voluntary standard for four-wheeled ATVs (ANSI/SVIA 1-2007) a mandatory consumer product safety standard. The effective date of the mandatory standard was April 13, 2009. 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 proceedings are pending. Staff is preparing a briefing package for Commission consideration.
Agency: Consumer Product Safety Commission(CPSC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: Undetermined
CFR Citation: 16 CFR 1307    16 CFR 1410    16 CFR 1500    16 CFR 1515
Legal Authority: 15 USC 2051 Consumer Product Safety Act    15 USC 1261, Federal Hazardous Substances Act

Legal Deadline:  None

Timetable: Action Date FR Cite Staff Sends 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 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 Commissioners  02/13/2008     Staff Sends Briefing Package to Commission  09/00/2011

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Undetermined
Federalism: Undetermined
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact: Elizabeth W. Leland Project Manager Consumer Product Safety Commission Office of Hazard Identification and Reduction, 4330 East West Highway, Bethesda, MD 20814-4408 Phone:301 504-7706 Email: eleland@cpsc.gov