[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67861-67862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32676]


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CONSUMER PRODUCT SAFETY COMMISSION


All-Terrain Vehicles; Commission Resolution

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Consumer Product Safety Commission (``Commission'') hereby 
announces its issuance of a Resolution commending certain members of 
the all-terrain vehicle (``ATV'') industry (Yamaha Motor Corp., U.S.A., 
Kawasaki Motors Corp., U.S.A., American Suzuki Motor Corp., Polaris 
Industries Inc., and Arctic Cat Inc.) for their ATV action plans 
consisting of new and continuing safety-related actions regarding these 
products. A notice, approved by the Commission and published in the 
Federal Register on September 9, 1998, included detailed historical and 
current information regarding the ATV matter and invited public comment 
on issuance of the Resolution. (63 FR 48199) After consideration of 
such public comments, the Commission has voted to approve the following 
Resolution: 1
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    \1\ Chairman Ann Brown voted to approve the Resolution. 
Commissioner Thomas H. Moore voted to approve the Resolution and 
issued a statement regarding his vote. Commissioner Mary Sheila Gall 
abstained from voting on the Resolution and issued a statement 
explaining the basis for her abstention. The ballot vote sheets and 
the statements of Commissioners Moore and Gall are available to the 
public through the Office of the Secretary, Consumer Product Safety 
Commission, Washington, D.C. 20207.
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Resolution of the United States Consumer Product Safety Comission

    The United States Consumer Product Safety Commission (the 
``Commission''), by vote on December 1, 1998, RESOLVES THAT:
    Whereas, on April 28, 1988, the United States of America entered 
into Consent Decrees, filed in U.S. District Court, with American Honda 
Motor Co., Inc., Yamaha Motor Corp., U.S.A., Kawasaki Motors Corp., 
U.S.A., U.S. Suzuki Motor Corp. (nka American Suzuki Motor Corp.), and 
Polaris Industries, L.P. (nka Polaris Industries Inc.), which expired 
on April 28, 1998 (the ``Consent Decrees'');
    Whereas, on September 27, 1996, the Commission entered into an 
Agreement and Action Plan with Arctic Cat Inc., which expired on April 
28, 1998 (the ``Arctic Cat Agreement''); and
    Whereas, the Consent Decrees and Arctic Cat Agreement required the 
signatory companies to implement various measures designed to enhance 
consumer safety with respect to all-terrain vehicles (``ATVs''); and
    Whereas, on April 24, 1998, the Commission released the results and 
analysis of its 1997 ATV injury and exposure surveys, and those surveys 
indicate that, among other things, (i) risk of injury is 2.5 times 
higher when children younger than 16 drive ATVs than for drivers 16 to 
34 years of age and 4.5 times higher for such children than for drivers 
35 to 54 years of age; and (ii) risk declines with experience, for 
which the Commission believes formal training is a partial surrogate; 
and
    Whereas, the Commission remains concerned about the current level 
of deaths and injuries associated with ATVs, especially those involving 
children younger than 16, and believes enhanced safety efforts may 
achieve a further reduction in such deaths and injuries; and
    Whereas, the staff of the Commission and Yamaha Motor Corp., 
U.S.A., Kawasaki Motors Corp., U.S.A., American Suzuki Motor Corp., 
Polaris Industries Inc., and Arctic Cat Inc. (collectively, the 
``Participating Companies'') have actively consulted on actions that 
the companies will voluntarily undertake (the ``ATV Action Plan''); and
    Whereas, the ATV Action Plan is set forth in separate documents 
that the Participating Companies have submitted to the Commission's 
staff; and
    Whereas, a description of the ATV Action Plan, together with a 
draft copy of this Resolution and other materials, was published in the 
Federal Register on September 9, 1998, and the public was invited to 
comment on this Resolution and the Commission has considered such 
comments in adopting this Resolution; and
    Whereas, pursuant to the ATV Action Plan, the Participating 
Companies will (i) promote training, including through enhanced cash 
incentives to first-time ATV purchasers (or, in the case of Polaris, 
through requiring that previously untrained purchasers take training in 
order to receive a warranty on the vehicle), (ii) implement a multi-
million dollar, multi-year information and education safety campaign 
emphasizing, among other things, the risks created when children 
younger than 16 operate or ride on adult-sized ATVs, (iii) not market, 
sell or offer to sell adult-size ATVs to or for use by children younger 
than 16, (iv) not market or sell three-wheel ATVs, (v) provide safety 
information on and with ATVs, including giving an ATV Safety Alert to 
each purchaser, (vi) retain the services of an independent organization 
to continue the undercover monitoring of the same number of randomly 
selected dealers as was done under previous monitoring programs, (vii) 
continue or undertake various other safety measures, and (viii) notify 
the Commission at least 60 days in advance of any material changes to 
the ATV Action Plan (Arctic Cat Inc. has agreed to continue with its 
actions under the ATV Action Plan for five years); and
    Whereas, notwithstanding implementation of the ATV Action Plan, the 
Commission reserves all its statutory enforcement, regulatory and 
oversight powers with respect to ATVs.
    Now, therefore:
    1. The Commission commends the Participating Companies for the ATV 
Action Plan, which the Commission believes will provide safety benefits 
to consumers.
    2. The Commission will actively monitor the ATV Action Plan by, 
among other things, increasing the undercover inspections it conducts 
of dealerships to ensure compliance with age recommendations; 
increasing its inspections to ensure proper use of labels and hangtags; 
and collecting and assessing information regarding the effectiveness of 
the new training incentives. Other activities are set forth in the 
Federal Register notice announcing this Resolution. The

[[Page 67862]]

Commission will take appropriate action based on the results of this 
monitoring activity. The Commission also will continue to track the 
death and injury rate associated with ATVs and reserves its authority 
to take action based on this data.

FOR FURTHER INFORMATION: For further information about the Resolution, 
call or write Leonard H. Goldstein, Office of the General Counsel, 
Consumer Product Safety Commission, Washington, DC 20207; (301) 504-
0980, Ext. 2202.

    Dated: December 4, 1998.
Todd A. Stevenson,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 98-32676 Filed 12-8-98; 8:45 am]
BILLING CODE 6355-01-P