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CPSC | RIN: 3041-AC28 | Publication ID: Fall 2023 |
Title: All-Terrain Vehicles | |
Abstract:
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. |
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Agency: Consumer Product Safety Commission(CPSC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 16 CFR 1420 | |
Legal Authority: 15 U.S.C. 2089 |
Legal Deadline:
None |
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Timetable:
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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: Han S. Lim Project Manager Consumer Product Safety Commission Directorate for Engineering Sciences, 4330 East West Highway, Bethesda, MD 20814-4408 Phone:301 504-7538 Email: hlim@cpsc.gov |