[Senate Report 114-357]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 642
114th Congress        }                      {                Report
 2d Session           }           SENATE     {                  114-357  
_______________________________________________________________________

                                     

                                                       


                  ROV IN-DEPTH EXAMINATION ACT OF 2015

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1040
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                                
                                
                                
                                
                                

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]












               September 22, 2016.--Ordered to be printed
                                   ______

                      U.S. GOVERNMENT PUBLISHING OFFICE 

59-010                         WASHINGTON : 2016 
 
               
               
               
               
               
               
               
               
               
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                                                       Calendar No. 642
114th Congress        }                      {                Report
 2d Session           }           SENATE     {                  114-357  
======================================================================
 
                  ROV IN-DEPTH EXAMINATION ACT OF 2015

                                _______
                                

               September 22, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1040]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1040) to direct the Consumer 
Product Safety Commission and the National Academy of Sciences 
to study the vehicle handling requirements proposed by the 
Commission for recreational off-highway vehicles and to 
prohibit the adoption of any such requirements until the 
completion of the study, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 1040, the ROV In-Depth Examination Act of 
2015, is to direct the Consumer Product Safety Commission 
(CPSC) and the National Academy of Sciences (NAS) to study the 
vehicle handling requirements proposed by the CPSC for 
recreational off-highway vehicles (ROVs) and to prohibit the 
adoption of any such requirements until the completion of the 
study.

                          Background and Needs

    ROVs are motorized vehicles having four or more tires 
designed for off-road use and intended by the manufacturer for 
recreational use by one or more persons. ROVs are distinct from 
all-terrain vehicles (ATVs) in that they have a steering wheel 
instead of a handle bar for steering, bench or bucket seats for 
the driver and passenger(s) instead of straddle seating, and 
foot controls for throttle and breaking instead of handle bar 
controls.
    According to the CPSC, they have has reviewed 428 reports 
of ROV-related incidents that occurred between January 1, 2003, 
and December 31, 2011, from its Injury and Potential Incident 
and In-Depth Investigation databases.\1\ These reports document 
a total of 826 victims involved in the 428 incidents, with 231 
reported fatalities and 388 reported injuries.\2\
---------------------------------------------------------------------------
    \1\Consumer Product Safety Commission, ``Safety Standards for 
Recreational Off-Highway Vehicles (ROVs)'', November 19, 2014, Proposed 
Rule, 79 Fed. Reg. 68964, 68965.
    \2\Id.
---------------------------------------------------------------------------
    The CPSC found that, of the ``428 reported ROV-related 
incidents, 291 (68 percent) involved rollover of the vehicle, 
more than half of which occurred when the vehicle was in a turn 
(52 percent).''\3\ CPSC staff also found that, ``of the 224 
fatal incidents, 147 (66 percent) involved rollover of the 
vehicle, and 56 of those incidents (38 percent) occurred on 
flat terrain.''\4\ Additionally, staff also found that:
---------------------------------------------------------------------------
    \3\Id.
    \4\Id.
---------------------------------------------------------------------------

        Of the 225 fatal victims who were in or on the ROV at 
        the time of the incident, 194 (86 percent) were ejected 
        partially or fully from the vehicle, and 146 (75 
        percent) were struck by a part of the vehicle after 
        ejection. Seat belt use is known for 155 of the 194 
        ejected victims; of these, 141 (91 percent) were not 
        wearing a seatbelt.\5\
---------------------------------------------------------------------------
    \5\Id. at 68965-66.
---------------------------------------------------------------------------

    In October 2009, the CPSC issued an advance notice of 
proposed rulemaking on ROVs due to CPSC staff concerns 
regarding specific aspects of the voluntary industry draft 
standard being discussed at the time.\6\ Specifically, CPSC 
staff were concerned that the lateral stability and occupant 
protection aspects of the draft were not sufficient to prevent 
rollovers or protect occupants in the event of a crash.
---------------------------------------------------------------------------
    \6\Consumer Product Safety Commission, ``Safety Standards for 
Recreational Off-Highway Vehicles (ROVs)'', proposed October 28, 2009, 
74 Fed. Reg. 55495.
---------------------------------------------------------------------------
    A voluntary industry standard promulgated by the American 
National Standards Institute (ANSI) accredited Recreational 
Off-Highway Vehicle Association (ROHVA) was later issued in 
2010. The ANSI-ROHVA standard establishes minimum requirements 
for ROVs, including, among other things, lateral and pitch 
stability, occupant protection systems, and safety labeling. 
This standard was subsequently updated, with the benefit of 
CPSC staff participation, in 2011 and again in 2014. At the 
time, staff was prohibited by regulation from voting on the 
adoption of voluntary standards, but CPSC staff provided input 
and technical expertise to assist the ANSI process.\7\
---------------------------------------------------------------------------
    \7\16 C.F.R. 1031.11d.
---------------------------------------------------------------------------
    Under the Consumer Product Safety Act (CPSA, 15 U.S.C. 2051 
et seq.), the CPSC may promulgate mandatory safety standards 
reasonably necessary to prevent or reduce an unreasonable risk 
of injury associated with a consumer product.\8\ As in this 
case, when a voluntary standard exists, the CPSC must rely on 
the voluntary standard if it determines both that compliance 
with the standard would eliminate or adequately reduce the risk 
of injury addressed and that there will be substantial 
compliance with the voluntary standard.\9\
---------------------------------------------------------------------------
    \8\15 U.S.C. 2056 et seq.
    \9\15 U.S.C. 2056(b)(1).
---------------------------------------------------------------------------
    In the initial briefing packet to CPSC Commissioners 
recommending that the CPSC issue a proposed rule, CPSC staff 
based the recommendation to proceed with a mandatory standard 
on an outdated version of the ANSI-ROHVA standard, which was 
updated in 2014 to address CPSC concerns. This staff proposal 
drew significant criticism from some stakeholders and from a 
bipartisan group of Senators (Senators Klobuchar, Heller, 
Johnson, Blunt, Pryor, Cruz, Rubio, Fischer, Ayotte, Franken, 
McCaskill, and Manchin), that wrote in support of delaying the 
rulemaking to review the updated voluntary standard.\10\ In 
addition, the Senators recommended that ``CPSC staff and the 
industry reach an agreement on voluntary standards that 
adequately address the risk of injury concerning ROVs.''\11\
---------------------------------------------------------------------------
    \10\Letter from Sen. Klobuchar et al. to Elliot Kaye, Chairman, 
U.S. Consumer Product Safety Commission, October 17, 2014, at http://
www.heller.senate.gov/public/--cache/files/bab9c722-7405-4c13-88ce-
350ef5ca7b29/10--17--2014--letter--from--senators--to--CPSC.PDF.
    \11\Id. at 1.
---------------------------------------------------------------------------
    CPSC participated in the voluntary standards process to 
revise the then-existing standard, but did not agree with the 
proposed new ANSI-ROHVA standard. CPSC Commissioners voted 
along a 3-2 party line vote to proceed with the publication of 
a Notice of Proposed Rulemaking (NPRM) on grounds that the 
ANSI-ROHVA standard does not adequately address vehicle 
stability, vehicle handling, and occupant protection and safety 
labeling.\12\ The NPRM was published on November 19, 2014.
---------------------------------------------------------------------------
    \12\Consumer Product Safety Commission, ``Safety Standards for 
Recreational Off-Highway Vehicles (ROVs)'', proposed November 19, 2014, 
79 Fed. Reg. 68964, (to be codified at 16 C.F.R. pt. 1422).
---------------------------------------------------------------------------
    On January 7, 2015, the CPSC held a public meeting during 
which it heard testimony from stakeholders regarding its ROV 
NPRM. During that meeting, consumer groups expressed general 
support for the CPSC's decision to proceed with its rulemaking 
while industry stakeholders and members of the user community 
questioned the scientific validity of the proposed rule and 
expressed concerns, for instance, that ``the remedies 
prescribed . . . could well have unintended consequences of 
making these vehicles less safe in the off-road 
environment.''\13\
---------------------------------------------------------------------------
    \13\Public Meeting: Oral Presentations Regarding the Recreational 
Off-Highway Vehicles Notice of Proposed Rulemaking Before the U.S. 
Consumer Product Safety Commission at 346, January 7, 2015, (statement 
of Larry E. Smith, Exec. Dir., Ams. For Responsible Recreational 
Access).
---------------------------------------------------------------------------
    On April 2, 2015, the CPSC Commissioners voted unanimously 
to extend the comment period for the NPRM concerning ROVs. The 
comment period remained open until June 19, 2015.

                         Summary of Provisions

    S. 1040 would suspend the authority of the CPSC to 
establish standards concerning the performance or configuration 
of ROVs pending independent examination of the mandatory design 
standards proposed in the NPRM. S. 1040 would require that CPSC 
enter into an agreement with the NAS to conduct a study on 
matters concerning the ROV lateral stability and vehicle 
handling requirements proposed by the CPSC. In carrying out its 
study, the NAS would be required to consult with the 
Administrator of the National Highway Traffic Safety 
Administration (NHTSA) and the Secretary of Defense. S. 1040 
would establish a deadline of no later than 480 days from the 
date of enactment for the NAS to complete its study and would 
require that the NAS transmit its report to the CPSC, the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives. S. 1040 would require that the CPSC consider 
the results of the study in any subsequent rulemaking regarding 
the performance or configuration of ROVs, or the provision of 
point-of-sale information regarding ROV performance. S. 1040 
would allow the CPSC to contract with an appropriate 
organization other than the NAS to conduct the study, in the 
event that the CPSC is unable to enter into an agreement with 
the NAS, and provided that the organization is: (1) not part of 
the Government; (2) operates as a not-for-profit entity; and 
(3) has expertise and objectivity comparable to that of the 
NAS.

                          Legislative History

    Senators Heller and Manchin introduced S. 1040 on April 22, 
2015. The bill is also co-sponsored by Senators Ayotte, 
Boozman, Cotton, Crapo, Daines, Gardner, Lankford, and 
Sullivan. On May 20, 2015, the Committee considered the bill 
and reported S. 1040, as amended. For purposes of consideration 
and subject to additional amendments, the Committee first 
adopted an amendment (in the nature of a substitute) offered by 
Senators Heller and Manchin that would clarify the elements to 
be included in the study and would adjust the bill's reporting 
requirements.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1040--ROV In-Depth Examination Act of 2015

    S. 1040 would direct the Consumer Product Safety Commission 
(CPSC) to study standards for recreational off-highway vehicles 
(ROVs) that are specified in a proposed rule issued by the CPSC 
in 2014. The bill would prohibit CPSC from adopting any 
requirements on the performance or configuration of ROVs--
including those in the proposed rule related to lateral 
stability, vehicle handling, occupant protection, and consumer 
information--until after completion of the study. Based on 
information from the agency, CBO estimates that the study would 
cost about $1 million, assuming appropriation of the necessary 
amounts. Enacting the legislation would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    S. 1040 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Daniel Hoople. 
The estimate was approved by Holly Harvey, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:
    The bill, as reported, would modify the CPSC's authority to 
establish current standards concerning the performance or 
configuration of ROVs. In this regard, S. 1040 would prevent 
the CPSC from establishing any such standards until the 
completion of a study on proposed lateral stability and vehicle 
handling requirements. S. 1040 includes a prohibition on the 
CPSC's exercise of any authority pursuant to section 27(e) of 
the Consumer Product Safety Act (15 U.S.C. 2076(e)) to require 
ROV manufacturers to provide performance and technical data to 
prospective purchasers and to the first purchase of a 
recreational off-highway vehicle for purposes other than resale 
until the completion of study on proposed lateral stability and 
vehicle handling requirements.
    The Committee agrees with the Congressional Budget Office 
that the bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
bill would impose no costs on States or tribal organizations.

                       number of persons covered

    This bill would direct the CPSC and the NAS or alternate 
contract organization to study the vehicle handling 
requirements proposed by the CPSC for ROVs and to prohibit the 
adoption of any such requirements until the completion of the 
study. It does not authorize any new regulations and therefore 
will not subject any individuals or businesses to new 
regulations.

                            economic impact

    The bill is not expected to have an adverse impact on the 
Nation's economy.

                                privacy

    The bill would not have any adverse impact on the personal 
privacy of individuals.

                               paperwork

    S. 1040 would create a new reporting requirement for the 
NAS or alternate contract organization. The NAS or alternate 
contract organization would be directed to complete and 
transmit to the CPSC and Congress a report of its study on 
proposed lateral stability and vehicle handling requirements.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title

    This section would designate the bill's short title as the 
``ROV In-Depth Examination Act of 2015.''

Section 2. Recreational off-highway vehicle standards study

    Section 2 of the bill would define various terms used 
within the section. It would establish that the CPSC shall have 
no authority to establish any standards concerning the 
performance or configuration of ROVs until after the completion 
of a study on the proposed lateral stability and vehicle 
handling requirements. It contains a savings clause which 
states that nothing in this section would be construed as 
suggesting that ROVs shall not be manufactured in compliance 
with applicable voluntary standards. Section 2 would require 
that the CPSC enter into an agreement with the NAS to determine 
the technical validity of the lateral stability and vehicle 
handling requirements for purposes of reducing the risk of ROV 
rollovers in the off-road environment, including the 
repeatability and reproducibility of testing for compliance 
with such requirements. The study also would determine whether 
there is a technical basis to provide information on a point-
of-sale hangtag about a vehicle's rollover resistance on a 
progressive scale.
    Section 2 would further require the NAS, in carrying out 
its study, to consult with the Administrator of NHTSA and the 
Secretary of Defense. Section 2 would establish a deadline of 
no later than 480 days from the date of enactment for the NAS 
to complete its study and would require that the NAS transmit 
its report to the CPSC, the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and 
Commerce of the House of Representatives. Section 2 would 
require that the CPSC consider the results of the study in any 
subsequent rulemaking regarding the performance or 
configuration of ROVs, or the provision of point-of-sale 
information regarding ROV performance. Section 2 would further 
allow the CPSC to contract with an appropriate organization 
other than the NAS to conduct the study, in the event that the 
CPSC is unable to enter into an agreement with the NAS, and 
provided that the organization is: (1) not part of the 
Government; (2) operates as a not-for-profit entity; and (3) 
has expertise and objectivity comparable to that of the NAS. 
Subsection (c)(4)(B) of this section would incorporate by 
reference the other appropriate organization to the 
requirements of the Act, in the event that the CPSC exercises 
this option.

                           Votes in Committee

    Senator Blumenthal offered an amendment, to the amendment 
(in the nature of a substitute) offered by Senators Heller and 
Manchin, to authorize the CPSC to accept amounts from 
manufacturers of ROVs to carry out the study on proposed 
lateral stability and vehicle handling requirements. By a 
rollcall vote of 8 yeas and 16 nays as follows, the amendment 
was defeated:
        YEAS--8                       NAYS--16
Mr. Nelson                          Mr. Wicker
Ms. Cantwell\1\                     Mr. Blunt
Mr. Blumenthal                      Mr. Rubio\1\
Mr. Schatz                          Ms. Ayotte
Mr. Markey\1\                       Mr. Cruz
Mr. Booker                          Ms. Fischer
Mr. Udall\1\                        Mr. Moran\1\
Mr. Peters                          Mr. Sullivan
                                    Mr. Johnson\1\
                                    Mr. Heller
                                    Mr. Gardner
                                    Mr. Daines
                                    Ms. McCaskill
                                    Ms. Klobuchar
                                    Mr. Manchin\1\
                                    Mr. Thune

    \1\By proxy

    Senator Blumenthal offered an amendment, to the amendment 
(in the nature of a substitute) offered by Senators Heller and 
Manchin, to authorize NHTSA to regulate ROVs. By a rollcall 
vote of 7 yeas and 17 nays as follows, the amendment was 
defeated:
        YEAS--7                       NAYS--17
Ms. Cantwell\1\                     Mr. Wicker
Mr. Blumenthal                      Mr. Blunt
Mr. Schatz                          Mr. Rubio\1\
Mr. Markey\1\                       Ms. Ayotte
Mr. Booker                          Mr. Cruz
Mr. Udall\1\                        Ms. Fischer
Mr. Peters                          Mr. Moran\1\
                                    Mr. Sullivan\1\
                                    Mr. Johnson\1\
                                    Mr. Heller
                                    Mr. Gardner\1\
                                    Mr. Daines
                                    Mr. Nelson
                                    Ms. McCaskill
                                    Ms. Klobuchar
                                    Mr. Manchin
                                    Mr. Thune

    \1\By proxy

    By a rollcall vote of 15 yeas and 9 nays as follows, the 
bill was ordered reported with amendments:
        YEAS--15                      NAYS--9
Mr. Wicker                          Ms. Cantwell\1\
Mr. Blunt                           Ms. McCaskill
Mr. Rubio\1\                        Ms. Klobuchar
Ms. Ayotte                          Mr. Blumenthal
Mr. Cruz                            Mr. Schatz
Ms. Fischer                         Mr. Markey\1\
Mr. Moran\1\                        Mr. Booker
Mr. Sullivan\1\                     Mr. Udall\1\
Mr. Johnson\1\                      Mr. Peters
Mr. Heller
Mr. Gardner\1\
Mr. Daines
Mr. Nelson
Mr. Manchin
Mr. Thune

    \1\By proxy

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  [all]