[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1815 Introduced in Senate (IS)]

  1st Session
                                S. 1815

 To assure compliance with basic standards for all-terrain vehicles in 
               the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 18 (legislative day, July 17), 2007

  Mr. Stevens introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To assure compliance with basic standards for all-terrain vehicles in 
               the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``All-Terrain 
Vehicle Standards and Compliance Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Adoption of ANSI ATV standard as a consumer product safety 
                            standard.
Sec. 3. Modification of standard.
Sec. 4. All-terrain vehicles to which standard applies.
Sec. 5. Action plans.
Sec. 6. Labeling and certification.
Sec. 7. Definitions.

SEC. 2. ADOPTION OF ANSI ATV STANDARD AS A CONSUMER PRODUCT SAFETY 
              STANDARD.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Consumer Product Safety Commission shall promulgate a consumer 
product safety standard for all-terrain vehicles and publish the 
standard in the Federal Register. The consumer product safety standard 
shall be the same as the American National Standards Institute/
Specialty Vehicle Institute of America's publication entitled ``Four 
Wheel All-Terrain Vehicles--Equipment, Configuration and Performance 
Requirements ANSI/SVIA 1-2001'', except that--
            (1) the Commission shall modify the definition of an all-
        terrain vehicle in that standard by deleting any reference to a 
        single rider and no passenger;
            (2) the standard shall clearly indicate that it is a 
        consumer product safety standard promulgated by the Commission; 
        and
            (3) the Commission may make any other necessary changes in 
        format or style necessary to conform the standard to the format 
        and style of other consumer product safety standards 
        promulgated by the Commission.
    (b) Certain Provisions of Law Not Applicable to Initial Standard.--
Sections 7, 9, 11, and 30(d) of the Consumer Product Safety Act (15 
U.S.C. 2056, 2058, 2060, and 2079(d)) and section 553 of title 5, 
United States Code, shall not apply to promulgation of the consumer 
product safety standard required by subsection (a).

SEC. 3. MODIFICATION OF STANDARD.

    (a) ANSI Revisions.--If the American National Standards Institute 
modifies its all-terrain vehicle standard after the date on which the 
ATV standard is published in the Federal Register under section 2(a), 
it shall notify the Commission of the modification.
    (b) Commission Action.--
            (1) In general.--Within 120 days after it receives notice 
        of such a modification by the American National Standards 
        Institute, the Commission shall--
                    (A) issue a notice of proposed rulemaking in 
                accordance with section 553 of title 5, United States 
                Code, to amend the ATV standard to include any such 
                modification that the Commission determines is 
                reasonably related to the safe performance of all-
                terrain vehicles; and
                    (B) notify the Institute of any provision it has 
                determined not to be so related.
            (2) Deadline.--The Commission shall promulgate an amendment 
        to the ATV standard under paragraph (1)(A) within 180 days 
        after the date on which the notice of proposed rulemaking for 
        the amendment is published in the Federal Register.
    (c) Unreasonable Risks of Injury.--Notwithstanding any other 
provision of this Act, the Commission may amend the ATV standard to 
include any additional provision that the Commission determines is 
reasonably necessary to reduce unreasonable risks of injury associated 
with the performance of all-terrain vehicles.
    (d) Certain Provisions of CPSA Not Applicable.--Sections 7, 9, 11, 
and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058, 
2060, and 2079(d)) shall not apply to promulgation of any amendment of 
the ATV standard under subsection (b)(1)(A). Judicial review of any 
amendment of the ATV standard under subsection (b)(1)(A) shall be in 
accordance with chapter 7 of title 5, United States Code.

SEC. 4. ALL-TERRAIN VEHICLES TO WHICH STANDARD APPLIES.

    (a) In General.--The ATV standard shall apply to all-terrain 
vehicles manufactured in the United States, or imported for use in the 
United States, more than 150 days after the date on which the ATV 
standard is published in the Federal Register.
    (b) Compliant Models With Additional Features.--The ATV standard 
shall not be construed to prohibit a manufacturer or importer of an 
all-terrain vehicle that complies with the requirements of the consumer 
product safety standard from manufacturing or distributing any such 
all-terrain vehicle that incorporates characteristics or components 
that are not covered by the consumer product safety standard. Any such 
characteristics or components shall be subject to the requirements of 
section 15 of the Act (15 U.S.C. 2064).

SEC. 5. ACTION PLANS.

    (a) Action Plan Required.--
            (1) In general.--Each manufacturer or importer of an all-
        terrain vehicle to which the ATV standard applies shall submit 
        an action plan to the Commission for its approval.
            (2) Commission approval required.--If the Commission 
        approves an action plan, it shall indicate its approval in 
        writing. The Commission may not unreasonably withhold approval 
        of an action plan.
            (3) Existing action plans.--An action plan submitted to the 
        Commission by a manufacturer or importer before the date of 
        enactment of this Act is deemed to have been approved in 
        writing by the Commission.
    (b) Compliance With Action Plan Required.--
            (1) In general.--A manufacturer or importer of all-terrain 
        vehicles may not distribute an all-terrain vehicle in commerce 
        unless the manufacturer or importer has complied with its 
        obligations under its action plan that has been approved by the 
        Commission.
            (2) Requirements for 3-wheeled atvs.--Until a mandatory 
        consumer product safety standard applicable to 3-wheeled all-
        terrain vehicles promulgated pursuant to this Act is in effect, 
        new 3-wheeled all-terrain vehicles may not be imported into or 
        distributed in commerce in the United States.
            (3) Enforcement.--Violation of paragraph (1) or (2) shall 
        be considered to be a violation of section 19(a)(1) of the 
        Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may also 
        be enforced under section 17 of that Act (15 U.S.C. 2066).
    (c) Amendment of Action Plan.--
            (1) In general.--A manufacturer or importer may amend an 
        action plan approved by the Commission by notifying the 
        Commission in writing of the proposed amendment not less than 
        60 days before the date on which the proposed amendment is to 
        take effect.
            (2) Commission review.--Within 60 days after receiving 
        notice of a proposed amendment, the Commission shall approve or 
        disapprove the proposed amendment and notify the manufacturer 
        or importer in writing of its action. If the Commission does 
        not notify the manufacturer or importer of its action within 
        that 60-day period, the Commission is deemed to have approved 
        the proposed amendment. If the Commission disapproves the 
        proposed amendment, the Commission shall include an explanation 
        in writing of the reasons for the disapproval in the 
        notification to the manufacturer or importer. The approval or 
        disapproval by the Commission of a proposed amendment shall 
        constitute final agency action for purposes of judicial review 
        under chapter 7 of title 5, United States Code.
    (d) Revocation of Approval; Release of Obligation.--
            (1) Revocation.--If the Commission determines, after notice 
        and the opportunity for a hearing, that a manufacturer or 
        importer has failed to comply substantially with its 
        obligations under its action plan, the Commission may revoke 
        its approval of the action plan. The revocation shall 
        constitute final agency action for purposes of judicial review 
        pursuant to chapter 7 of title 5, the United States Code. Upon 
        receipt of notice of a revocation of the action plan, the 
        manufacturer or importer shall cease further distribution in 
        commerce of any all-terrain vehicle subject to the ATV 
        standard. The revocation by the Commission of its approval of a 
        manufacturer's or importer's action plan shall not preclude the 
        manufacturer or importer from submitting another action plan 
        under subsection (a)(1).
            (2) Release.--If the Commission determines that compliance 
        by a manufacturer or importer with a specific requirement of 
        its approved action plan is not necessary to promote all-
        terrain vehicle safety, it shall notify the manufacturer or 
        importer in writing of its determination and release the 
        manufacturer or importer from any obligation under this Act to 
        comply with that requirement.

SEC. 6. LABELING AND CERTIFICATION.

    Pursuant to section 14 of the Consumer Product Safety Act (15 
U.S.C. 2063) each all-terrain vehicle to which the ATV standard applies 
shall bear a label that--
            (1) is permanent and allows viewing without removing any 
        part of the all-terrain vehicle;
            (2) certifies that the all-terrain vehicle complies with 
        the consumer product safety standard and is subject to an 
        action plan accepted by the Commission;
            (3) identifies the manufacturer, importer, or private 
        labeler issuing the certification; and
            (4) contains sufficient information to enable the 
        Commission to identify the particular action plan or letter of 
        undertaking that applies to that all-terrain vehicle.

SEC. 7. GAO STUDY.

    The Comptroller General shall conduct a study of the utility, 
recreational, and other benefits of all-terrain vehicles, and the costs 
associated with all-terrain vehicle related fatalities and injuries.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Action plan.--
                    (A) In general.--The term ``action plan'' means a 
                written document submitted to the Commission by the 
                manufacturer or importer of all-terrain vehicles that--
                            (i) describes actions the manufacturer or 
                        importer agrees to take to promote all-terrain 
                        vehicle safety, including rider training, 
                        dissemination of safety information, age 
                        recommendations, other policies governing 
                        marketing and sale of the vehicles, the 
                        monitoring of such sales, and other safety-
                        related measures; and
                            (ii) is substantially similar to the plans 
                        described under the heading The Undertakings of 
                        the Companies in the Consumer Product Safety 
                        Commission Notice published in the Federal 
                        Register on September 9, 1998 (63 FR 48199-
                        48204).
                    (B) Letter of undertaking.--The term ``action 
                plan'' includes a letter of undertaking that meets the 
                requirements of subparagraph (A).
            (2) All-terrain vehicle.--
                    (A) In general.--The term ``all-terrain vehicle'' 
                means a motorized off-highway vehicle designed to 
                travel on 3 or 4 wheels that has--
                            (i) a seat designed to be straddled by the 
                        operator; and
                            (ii) handlebars for steering control.
                    (B) Exceptions.--The term does not include--
                            (i) a prototype of an all-terrain vehicle 
                        not available for sale; or
                            (ii) an all-terrain vehicle designed and 
                        manufactured exclusively for research and 
                        development purposes and not available for 
                        sale.
            (3) ATV standard.--The term ``ATV standard'' means the 
        consumer product safety standard promulgated under section 2(a) 
        of this Act.
            (4) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
                                 <all>