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|CPSC||RIN: 3041-AC28||Publication ID: Fall 2016|
|Title: All-Terrain Vehicles|
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, CPSC staff developed a May 31, 2006, briefing package, recommending that the Commission issue a notice of proposed rulemaking (NPRM) that would formally ban 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 Web site. A Commission briefing was held on June 15, 2006. On July 12, 2006, the Commission voted unanimously to approve publication of the draft NPRM, with changes, in the Federal Register. The NPRM was published on August 10, 2006, with a comment period 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. CPSC staff conducted research as directed by the Commission in its vote on July 12, 2006. On February 13, 2008, CPSC staff sent to the Commission a report summarizing the status of CPSC staff's research activities. 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). The Commission did so with a Federal Register notice on November 14, 2008. 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 rulemaking proceeding is pending.
A revised voluntary standard, ANSI/SVIA 1-2010, was published in December 2010. ANSI notified the Commission on March 16, 2011. Following CPSIA direction, CPSC staff sent a briefing package with a draft proposed rule to amend the mandatory consumer product safety standard to reference the 2010 edition of the voluntary standard. On July 15, 2011, the Commission voted 4-0-1 to issue an NPRM, and a Federal Register notice was published on July 25, 2011. The comment period closed on October 11, 2011. CPSC staff sent to the Commission a briefing package with a draft Final Rule changing the referenced standard to ANSI/SVIA 1-2010. The Commission voted to issue the Final Rule to amend the mandatory consumer product safety standard to reference the 2010 edition of the voluntary standard, and the Final Rule was published in the Federal Register on February 29, 2012. Public Law 112-28 directs the Commission to issue a Final Rule in its open rulemaking proceeding not later than one year after the date of enactment of Public Law 112-28 or August 12, 2012. In 2012, because six years had passed since the issuance of the NPRM, the Commission sought to provide stakeholders an opportunity to present their views on the outstanding issues. In addition, once rulemaking is complete, it is envisioned that the next phase of the effort to reduce deaths and injuries associated with the use of ATVs will focus on the different roles each of the various stakeholders can play to achieve that goal. With this in mind, the Commission held an ATV Safety Summit on October 11 to 12, 2012, to (1) provide stakeholders with an opportunity to present their views on some ATV issues that remain from the 2006 notice of proposed rulemaking; and (2) mobilize stakeholders for future action that stakeholders could take to improve the safety of ATVs.
In September 2013, staff prepared and sent to the Commission a report regarding the Safety Summit and the comments that were received in response to the August 2012 Federal Register Notice. In the Commission's FY 2015 Operating Plan, the Commission directed the staff to conduct work to prepare a draft NPRM. Staff is conducting additional studies to support an NPRM, which is scheduled to be delivered to the Commission in FY 2017.
|Agency: Consumer Product Safety Commission(CPSC)||Priority: Substantive, Nonsignificant|
|RIN Status: Previously published in the Unified Agenda||Agenda Stage of Rulemaking: Prerule Stage|
|Major: Undetermined||Unfunded Mandates: No|
|EO 13771 Designation: uncollected|
|CFR Citation: 16 CFR 1307 16 CFR 1410 16 CFR 1500 16 CFR 1515 16 CFR 1420|
|Legal Authority: 15 U.S.C. 2051 Consumer Product Safety Act 15 U.S.C. 1261, Federal Hazardous Substances Act|
|Regulatory Flexibility Analysis Required: Undetermined||Government Levels Affected: 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|
Project Manager, Directorate for Health Sciences
Consumer Product Safety Commission
National Product Testing and Evaluation Center, 5 Research Place,
Rockville, MD 20850