[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Proposed Rules]
[Pages 44289-44293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18552]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR PART 1420

[CPSC Docket No. CPSC-2011-0047]

Amendment to Standard for All-Terrain Vehicles; Notice of

Proposed Rulemaking

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Consumer Product Safety Improvement Act of 2008

(``CPSIA'') required the Consumer Product Safety

[[Page 44290]]

Commission (``Commission,'' ``CPSC,'' or ``we'') to publish, as a

mandatory consumer product safety standard, the American National

Standard for Four-Wheel All-Terrain Vehicles Equipment Configuration,

and Performance Requirements, developed by the Specialty Vehicle

Institute of America (American National Standard ANSI/SVIA 1-2007). We

did so on November 14, 2008. 73 FR 67385. ANSI/SVIA has since issued a

2010 edition of its standard. In accordance with the CPSIA, we propose

to amend the Commission's mandatory ATV standard to reference the 2010

edition of the ANSI/SVIA standard.\1\

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\1\ The Commission voted 4-0-1 to approve publication of this

notice of proposed rulemaking. Chairman Inez M. Tenenbaum and

Commissioners Thomas H. Moore, Nancy A. Nord and Robert S. Adler

voted for the proposed rule. Commissioner Ann M. Northup abstained

from voting.

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DATES: Written comments must be received by October 11, 2011.

ADDRESSES: You may submit comments, identified by Docket No. [CPSC-

2011-0047], by any of the following methods:

Electronic Submissions

Submit electronic comments in the following way:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the

instructions for submitting comments.

To ensure timely processing of comments, the Commission is no

longer accepting comments submitted by electronic mail (e-mail), except

through http://www.regulations.gov.

Written Submissions

Submit written submissions in the following way:

Mail/Hand delivery/Courier (for paper, disk, or CD-ROM

submissions), preferably in five copies, to: Office of the Secretary,

Consumer Product Safety Commission, Room 820, 4330 East West Highway,

Bethesda, MD 20814; telephone (301) 504-7923.

Instructions: All submissions received must include the agency name

and docket number for this rulemaking. All comments received may be

posted without change, including any personal identifiers, contact

information, or other personal information provided to: http://www.regulations.gov. Do not submit confidential business information,

trade secret information, or other sensitive or protected information

electronically. Such information should be submitted in writing.

Docket: For access to the docket to read background documents or

comments received go to: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Elizabeth Leland, Project Manager,

Directorate for Economic Analysis, Consumer Product Safety Commission,

4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7706;

eleland@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background

The Consumer Product Safety Improvement Act of 2008 (``CPSIA'')

directed the Commission to ``publish in the Federal Register as a

mandatory consumer product safety standard the American National

Standard for Four Wheel All-Terrain Vehicles Equipment Configuration,

and Performance Requirements developed by the Specialty Vehicle

Institute of America (American National Standard ANSI/SVIA 1-2007).''

15 U.S.C. 2089(a)(1), as added by section 232 of the CPSIA.

Accordingly, on November 14, 2008, we published a final rule mandating

ANSI/SVIA 1-2007 as a consumer product safety standard. 73 FR 67385.

The final rule is codified at 16 CFR part 1420.

B. The Proposed Amendment

1. Procedure

Section 42(b) of the Consumer Product Safety Act (``CPSA'')

provides that, if ANSI/SVIA 1-2007 is revised after the Commission has

published a Federal Register notice mandating the standard as a

consumer product safety standard, ANSI must notify the Commission of

the revision, and the Commission has 120 days after it receives that

notification to issue a notice of proposed rulemaking to amend the

Commission's mandatory ATV standard ``to include any such revision that

the Commission determines is reasonably related to the safe performance

of [ATVs] and notify the Institute of any provision it has determined

not to be so related.'' 15 U.S.C. 2089(b)(1) and (2). Thereafter, the

Commission has 180 days after publication of the proposed amendment to

publish a final amendment to revise the ATV standard. Id.

2. Changes From 2007 Edition

On March 16, 2011, ANSI notified us that in December 2010, ANSI

approved a revised version of the ANSI/SVIA standard for four-wheel

ATVs, ANSI/AVIA 1-2010.

We reviewed the changes from the 2007 version. Many changes are

minor revisions to the wording in the standard. We consider the

substantive changes to be: (1) Elimination from the scope section, a

provision calling for expiration of the definition and requirements for

the Y-12+ youth ATV age category on July 28, 2011; (2) a change in how

to calculate the speed for the braking test of youth ATVs; (3) a change

in the force applied to passenger handholds during testing; (4) the

addition of a requirement that youth ATVs shall not have a power take-

off mechanism; (5) the addition of a requirement that youth ATVs shall

not have a foldable, removable, or retractable structure in the ATV

foot environment; (6) additional specificity concerning the location

and method of operation of the brake control; (7) tightening the

parking brake performance requirement by requiring the transmission to

be in ``neutral'' during testing, rather than in ``neutral'' or

``park''; and (8) the requirement that tire pressure information be on

the label, when the previous requirement could be interpreted to allow

tire pressure information to be on the label, or in the owner's manual,

or on the tires.

We were concerned initially that two changes to the ANSI/SVIA

standard might reduce safety. These two changes were: (1) How the speed

for the braking test of youth ATVs is calculated, and (2) the force

applied to passenger handholds during testing. As discussed in sections

B.2.a and b of this preamble, industry subsequently addressed one issue

and is not opposed to addressing the second.

a. Change in Calculation of Speed for Brake Test of Youth ATVs

Section 7.2 of the 2010 edition of the ANSI/SVIA standard provides

what appears to be a new formula for calculating the speed at which the

braking tests for youth ATVs would be performed. As published, the 2010

formula would result in testing the brakes of some youth ATVs at much

lower speeds than required under the 2007 edition of the standard.

However, in a conversation with SVIA representatives on May 20, 2010,

CPSC staff and SVIA discovered that this provision has a typographical

error, and the new formula, in fact, applies only to the Y-6+ category

ATV. This would not result in a significant change in the brake testing

speed. ANSI has since printed a memorandum and an errata sheet and

distributed them to past purchasers of the standard. The memorandum and

errata sheet will be included in all future printings of the standard.

We are satisfied with SVIA's response to this issue and do not believe

that this change (as corrected) justifies excluding this provision from

any amendment to the current mandatory consumer product safety

standard.

[[Page 44291]]

b. Change in Force Applied to Passenger Handhold During Testing

Section 4.12 of the ANSI/SVIA standard relates to the testing of

passenger handholds on Type II (tandem) ATVs. These ATVs are designed

for two riders, with one rider seated behind the other. The ANSI/SVIA

1-2007 standard, which the mandatory standard incorporated, states that

these handholds ``shall be designed in such a way that each is able to

withstand, without failure or permanent deformation, a vertical force

of 1000N (224 lbf) applied statically to the center of the surface of

the handhold at a maximum pressure of 1 MPa (150 psi).'' The ANSI/SVIA

1-2010 revision indicates that the force applied to the handhold must

be upward. Although the previous version of the standard could have

been interpreted to mean that the test could be performed in either a

downward or an upward position, or both, we believe that the addition

of the word ``upward'' limits the test procedure, and we believe that

the test should be applied in both directions.

SVIA has indicated that the upward vertical direction is consistent

with typical loading of an ATV. However, SVIA also stated that SVIA is

not opposed to revising the standard in the future to add a downward

testing component, noting that such a change will be considered in the

next revision of ANSI/SVIA 1-2010. We are satisfied with this response

and do not believe that this change justifies excluding this provision

from any amendment to the current mandatory consumer product safety

standard.

c. The Y-12+ Youth Category

When the ANSI/SVIA 1-2007 voluntary standard was published,

industry intended that the Y-12+ youth ATV category would expire in

July 2011, leaving the Y-6+ and Y-10+ categories of youth ATVs in the

marketplace, along with the T (Transition Model) category ATV for

operators age 14 years or older. The scope section of the 2007 edition

of the ANSI/SVIA standard provides: ``The definition and other

requirements of the standard for Category Y-12+ ATVs shall expire four

(4) years after the date this standard is approved.'' However, SVIA has

indicated that it eliminated this provision from the scope section in

the 2010 revision of the standard because it intends to continue to

allow the Y-12+ category due to the impact of the CPSIA lead content

requirements on the production and sale of Y-6+ and Y-10+ category

ATVs. We do not consider the elimination of this scope provision to be

a problem. The standard did not require manufacturers to stop making Y-

12+ ATVs but provided that after a certain date, the definition of that

category and other requirements would expire. If this category of ATVs

will continue to be available, we believe that it is appropriate to

revise the scope section to eliminate this provision as the 2010

revision does.

d. Revisions and the Safe Performance of ATVs

We do not believe that any of the revisions in the ANSI/SVIA 1-2010

standard would diminish the safety of ATVs. Many changes would likely

have no direct impact on safety. Whether any of the changes in the 2010

edition of the ANSI/SVIA standard are ``reasonably related to the safe

performance of ATVs'' depends on the criteria for measuring or

determining the meaning of ``reasonably related'' and ``safe

performance of ATVs.'' Although some changes could be considered more

related than others to the safe performance of ATVs, such as the

requirement that there be no power take-offs on youth ATVs, all, in

fact, could be related to the safe performance because the changes

improve the standard's clarity and consistency and, in that way,

advance the standard.

Given the relatively minor and editorial nature of most of the

changes meant to improve the standard's clarity and consistency, it

makes sense to revise the Commission's mandatory standard to

incorporate all of the provisions of the ANSI/SVIA 1-2010 version to

avoid there being two slightly different versions of the standard, the

current mandatory standard and the revised voluntary standard. This

could lead to confusion in the marketplace, particularly for companies

not affiliated with SVIA; for companies that are new to the market; for

foreign companies that desire to enter or maintain a place in the U.S.

market for ATVs; and for third party testing conformity assessment

bodies.

3. Brief Description of the Proposed Rule

The proposed rule would revise Sec. 1420.3, ``Requirements for

four-wheel ATVs.'' The current rule refers to the ANSI/SVIA 1-2007

standard, so the proposed rule would replace this reference with the

ANSI/SVIA 1-2010 version.

C. Effective Date

The CPSIA provides a timetable for the Commission to issue a notice

of proposed rulemaking (within 120 days of receiving notification of a

revised ANSI/SVIA standard) and to issue a final rule (within 180 days

of publication of the proposed rule), but it does not set an effective

date. We propose that the amendment updating the ANSI/SVIA standard

take effect 30 days after publication of a final rule. The differences

between the 2007 version of the standard and the 2010 version are

relatively minor and largely editorial. Because the 2010 version of the

ANSI/SVIA standard is already in effect as a voluntary standard, we

expect that very few manufacturers would need to make any modifications

to meet a mandatory standard that references ANSI/SVIA 1-2010.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (``RFA'') generally requires that

agencies review proposed rules for their potential economic impact on

small entities, including small businesses. Because section 42(a)(1) of

the CPSA required the Commission to publish ANSI/SVIA 1-2007 as a

consumer product safety standard within 90 days of enactment of the

CPSIA, we did not issue a notice of proposed rulemaking and, therefore,

did not prepare a regulatory flexibility analysis. Moreover, section

42(a)(1) of the CPSA required the Commission to publish ANSI/SVIA 1-

2007 as a consumer product safety standard ``[n]otwithstanding any

other provision of law.'' 15 U.S.C. 2089(a). The Commission interpreted

this statutory language to mean that provisions that might ordinarily

apply to a rulemaking proceeding, such as those under the RFA, did not

apply to the rulemaking mandating ANSI/SVIA 1-2007.

In contrast, section 42(b)(2) of the CPSA requires the Commission

to issue a notice of proposed rulemaking when it amends its ATV

standard to reflect a revision to the ANSI/SVIA standard. Section

42(b)(4) of the CPSA provides that when the Commission amends its ATV

standard to reflect revisions to the ANSI/SVIA standard, the procedures

and findings required under sections 7 and 9 of the CPSA do not apply

to such a rulemaking. However, this section does not explicitly exempt

such a rulemaking from the requirements of the RFA. Therefore, we

examined the potential impact on small business that could occur from

amending our ATV standard to reference the 2010 version of the ANSI/

SVIA standard.

Our analysis indicates that, as of February 2011, 45 ATV

manufacturers or importers had CPSC-approved action plans. (Section

42(a)(2) of the CPSA requires that ATV manufacturers or distributors

have an ATV action plan

[[Page 44292]]

filed with the Commission, in addition to complying with the mandated

ATV standard). However, two of the 45 companies appear to have stopped

manufacturing or importing ATVs. Of the remaining 43 companies, 17 are

either large domestic manufacturers or subsidiaries of foreign

manufacturers. The remaining 26 companies could be small manufacturers

or importers. However, in several cases there was not sufficient

readily available information to make this determination. According to

the criteria established by the U.S. Small Business Administration,

manufacturers are considered to be small if they have fewer than 500

employees. Importers of ATVs that are not actually manufacturers would

be considered to be wholesalers and would be considered to be small if

they have fewer than 100 employees.

For the most part, the differences between the 2007 and 2010

editions of the ANSI/SVIA standard are relatively minor modifications

or updates and are not expected to have a significant impact on any

manufacturers or importers of ATVs. Some changes to the text of the

ANSI/SVIA standard do not alter the actual requirements of the

standard. For example, in the 2010 standard, the phrase ``Also called

the engine starter'' was deleted from the definition of ``electric

starter.'' If any revisions would affect manufacturers, the adjustments

that would be required to comply with the 2010 standard would be

relatively easy to make, such as some changes in the design or warning

labels or hangtags. Other changes, such as the restrictions on the use

of power take-offs (devices that allow the engine of a vehicle to power

an accessory device or other equipment) and non-fixed structures on

Category Y ATVs, the minor changes to the test procedures for service

brakes on Category Y ATVs and parking brakes on other ATVs, are

unlikely to affect many ATV models. For ATV models that would be

affected, the required modifications should be relatively easy to make.

Therefore, we conclude that amending the mandatory ATV standard to

reference the 2010 edition of the ANSI/SVIA ATV standard would not have

a significant impact on a substantial number of small businesses or

other small entities.

E. Paperwork Reduction Act

This proposed amendment would not impose any information collection

requirements. Accordingly, this rule is not subject to the Paperwork

Reduction Act, 44 U.S.C. 3501-3520.

F. Environmental Considerations

The Commission's regulations provide a categorical exemption for

the Commission's rules from any requirement to prepare an environmental

assessment or an environmental impact statement as they ``have little

or no potential for affecting the human environment.'' 16 CFR

1021.5(c)(2). This proposed amendment falls within the categorical

exemption.

G. Request for Comments and Information

The Commission is interested in receiving information, comments,

and/or data on the following issues, some of which are beyond the scope

of the immediate revisions to the mandatory standard and will be

relevant to future ATV rulemaking:

i. Whether the proposed revisions to ANSI/SVIA 1-2007 by ANSI/SVIA

1-2010 are likely to enhance the clarity of the ANSI standard;

ii. The size of the companies (both manufacturers and importers)

that have filed action plans with the Commission that would assist with

determining whether these companies should be considered small

businesses under the Regulatory Flexibility Act;

iii. The effect of not eliminating from the scope of the standard

the expiration of the definition and requirements for the Y-12+ ATV age

category on July 28, 2011, specifically, but not limited to:

(a) The relationship of the need for continued production of Y-12+

ATV age category and the Consumer Product Safety Improvement Act's

(CPSIA) lead content requirements on ATVs intended primarily for youth

including the effect of the two stays of enforcement issued by the

Commission on the availability of Y-6+ and Y-10+ models (May 1, 2009--

74 FR 22154 and Feb. 1, 2011--76 FR 5565);

(b) The number of Y-6+ and Y-10+ models in the marketplace prior to

August 2008 and the number available in 2011;

than 12 years old riding Y-12+ ATVs;

(d) The safety of six to nine year old children when using a Y-12+

ATV;

(e) Whether this revision implicitly approves the use of a Y-12+

ATV when a Y-6+ ATV or Y-10+ ATV is not available;

(f) Whether there are any state laws prohibiting the use of a Y-12+

ATV by children younger than 12 including the effects on ATV-related

injuries or deaths in those states that have new or updated mandated

minimum age requirements for ATV operation since the adoption of ANSI/

SVIA 1-2007;

(g) Whether rejecting this revision is likely to result in an

increase of the availability of Y-6+ and Y-10+ model ATVs;

(h) Whether rejecting this revision is likely to result in children

younger than 12 years old riding adult model ATVs;

(i) The comparative safety of Y-12+ and adult model ATVs when used

by children younger than 12 years old;

iv. Other potential improvements on braking test requirements for

all ATV categories, (such as the change to the ANSI/SVIA 1-2010

proposal for Y-6+ ATVs);

v. The ANSI/SVIA 1-2010 limitation of the testing standard for

passenger handholds by specifying that the force applied must be

upward;

(a) Not adding a downward testing component during this revision;

(b) Adding a downward testing component during the next revision;

vi. Any other potential improvements to ATV safety that were not

included in the proposed revision to the voluntary standard including,

but not limited to:

(a) ATV rollover protection systems or predictive functional

controls;

(b) Modifications with respect to the maximum speed of ATVs;

List of Subjects in 16 CFR Part 1420

Administrative practice and procedure, Business and industry,

Consumer protection, Imports, Incorporation by reference, Information,

Infants and children, Labeling, Law enforcement, Recreation and

recreation areas, Reporting and recordkeeping requirements, Safety.

For the reasons stated in the preamble, the Commission proposes to

amend 16 CFR part 1420 as follows:

PART 1420--REQUIREMENTS FOR ALL TERRAIN VEHICLES

1. The authority citation for part 1420 continues to read as

follows:

Authority: The Consumer Product Safety Improvement Act of 2008,

Public Law 110-314, Sec. 232, 122 Stat. 3016 (August 14, 2008).

2. In the second sentence of Sec. 1420.1, remove the words,

``April 13, 2009,'' and add in their place ``(date 30 days after

publication of a final rule in the Federal Register).''

3. Revise Sec. 1420.3 to read as follows:

Sec. 1420.3 Requirements for four-wheel ATVs.

(a) Each ATV shall comply with all applicable provisions of the

American National Standard for Four-Wheel All-Terrain Vehicles

(American National Standards Institute, Inc. ANSI/SVIA

[[Page 44293]]

1-2010), approved December 23, 2010. The Director of the Federal

U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from Specialty

Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, California

92618-3806; telephone 949-727-3727 ext.3023; http://www.svia.org. You

may inspect a copy at the Office of the Secretary, U.S. Consumer

Product Safety Commission, Room 820, 4330 East West Highway, Bethesda,

MD 20814, telephone 301-504-7923, or at the National Archives and

Records Administration (NARA). For information on the availability of

this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Dated: July 19, 2011.

Todd A. Stevenson,

Secretary, U.S. Consumer Product Safety Commission.

[FR Doc. 2011-18552 Filed 7-22-11; 8:45 am]

BILLING CODE 6355-01-P