[Federal Register Volume 68, Number 78 (Wednesday, April 23, 2003)]
[Notices]
[Pages 19975-19976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10046]


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CONSUMER PRODUCT SAFETY COMMISSION


Public Field Hearing Concerning All-Terrain Vehicles

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of public field hearing.

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SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'') will conduct a public field hearing in Morgantown, West 
Virginia on June 5, 2003 to obtain information and views from the 
public concerning all-terrain vehicles (``ATVs''). The Commission 
conducted several field hearings on ATVs in 1985.
    From 1997 to 2001 the estimated number of ATV-related injuries 
treated in hospital emergency rooms rose from 54,700 to 111,700 (a 104% 
increase). Deaths have also been increasing and the Commission staff 
has estimated that there were 547 deaths associated with the use of 
ATVs in 2000. From 1997 to 2001 the estimated number of ATV drivers 
rose from 12 million to 16.3 million (a 36% increase), the estimated 
total number of driving hours rose from 1575 million to 2364 million (a 
50% increase), and the estimated number of ATVs rose from 4 million to 
5.6 million (a 40% increase). None of the increases in these measures 
of exposure to the risk of operating ATVs accounts for the increases in 
the number of injuries during the same time period.
    The Commission requests members of the public to participate in 
this hearing. The Commission is particularly interested in 
participation from users of ATVs (both recreational and occupational); 
persons who have been involved in accidents or have been injured while 
riding ATVs; state and local government officials or organizations 
involved with ATVs; medical professionals and emergency service 
providers; safety and design engineers; and manufacturers, distributors 
and dealers of ATVs.

DATES: The hearing will be held on June 5, 2003, beginning at 10 a.m. 
and will continue until 7 p.m. The Commission will recess for lunch on 
or about 12 noon. Requests to make oral presentations, and 10 copies of 
the text of the presentation, must be received by

[[Page 19976]]

the CPSC Office of the Secretary no later than May 29, 2003. Persons 
making presentations at the meeting should provide an additional 10 
copies for dissemination on the date of the meeting. The Commission 
reserves the right to limit the number of persons who make 
presentations and the duration of their presentations. To prevent 
duplication in presentations, groups may be directed to designate a 
spokesperson.
    Written submissions, in addition to, or instead of, an oral 
presentation may be sent to the address listed below and will be 
accepted until July 5, 2003.

ADDRESSES: The meeting will be held at West Virginia University, Health 
Sciences Campus, Robert C. Byrd Health Science Center, Medical Center 
Drive, Morgantown, WV 26506. Requests to make oral presentations, and 
texts of oral presentations should be captioned ``ATV Hearing'' and 
mailed to the Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207, or delivered to that office, room 
502, 4330 East-West Highway, Bethesda, Maryland 20814. Requests and 
texts of oral presentations may also be submitted by facsimile to (301) 
504-0127 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For information about the schedule for 
submission of requests to make oral presentations and submission of 
texts of oral presentations, contact Rockelle Hammond, Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207; 
telephone (301) 504-6833; fax (301) 504-0127; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    The question of ATV safety has been an issue of interest to the 
Commission since the 1980's. In 1985, the Commission held several 
hearings in locations around the country to solicit views from the 
public on how to address hazards posed by ATVs. In 1987, the Commission 
filed a lawsuit under section 12 of the Consumer Product Safety Act 
(``CPSA'') to declare ATVs an imminently hazardous consumer product. 15 
U.S.C. 2061(b)(1). The lawsuit was settled in 1988 by Consent Decrees 
between the Commission and ATV distributors that were effective for 10 
years. The Consent Decrees contained provisions addressing both three-
wheel and four-wheel ATVs. After the Consent Decrees expired, the 
Commission entered into ``ATV Action Plans'' with individual 
distributors who had been subject to the Consent Decrees and three 
other distributors who had entered into the market subsequently. Since 
the expiration of the Consent Decrees, the Commission has continued to 
gather information about ATV-related injuries and deaths. The 
Commission is interested in obtaining information and views from the 
public about ATV safety and ideas for approaches that may address ATV-
related injuries and deaths.
    The Commission is aware that the sales and size of ATVs have been 
increasing in recent years. The Commission's data indicate that between 
1982 and 2001 there were reports of 4,541 ATV-related deaths. Of these 
deaths, 1,714 (or 38%) were to children under 16 years old. In the year 
2001, there were 111,700 people taken to emergency rooms for ATV-
related injuries, of which 34,800 were under 16 years old. The 
Commission staff completed a risk analysis earlier this year examining 
some of the factors and circumstances involved in ATV incidents. This 
risk analysis revealed a number of factors to be considered in 
determining why the numbers of injuries associated with ATV operation 
is increasing faster than the exposure to ATVs: (1) the increase in 
injuries has been greater to riders aged 16 and above, and (2) the 
increase in injuries associated with the use of ATVs with engine sizes 
400cc and above has been greater than those associated with the use of 
ATVs with smaller engine sizes. In addition, the market for used ATVs 
appears to have grown significantly, in terms of gross numbers. The 
Commission is interested in learning whether these factors, a 
combination of them, or other factors, are causing ATV injuries to 
increase faster than ATV sales and use.
    The Commission is concerned about the dramatic increase in ATV-
related injuries and the continued increase in ATV-related deaths and 
believes that holding a hearing will provide an opportunity for the 
interested public to share their concerns about ATVs and ATV safety.
    The Commission has a petition from the Consumer Federation of 
America and other groups (Petition CP-02-4/HP-02-1) requesting that the 
Commission ban the sale of adult-size four-wheel ATVs sold for the use 
of children under 16 years of age. The Commission requested and 
received written comments on the petition (67 FR 64353 and 67 FR 
78776). These comments are posted on our Web site, http://www.cpsc.gov. 
This hearing will provide an additional opportunity for the public to 
express their views about this petition.

B. The Public Hearing

    The purpose of the public hearing is to provide a forum for oral 
presentations concerning ATVs. Specifically, the Commission requests 
comments from interested stakeholders and citizens on the following 
areas of interest:

    1. Local and state ATV use restrictions, regulations and 
licensing activities and their impact upon ATV safety.
    2. Current ATV use patterns (recreational, industrial, 
agricultural, or other uses), and injuries and safety issues related 
to those specific uses.
    3. Information from ATV owners and users regarding ATV use, 
safety issues, accidents and injuries, minimum riding and purchasing 
age requirements, and future government action.
    4. Current local, state and industry safety efforts and training 
programs.
    5. Information from ATV manufacturers and dealers regarding the 
availability and use of safety training for ATV purchasers, and ATV 
consumer purchasing patterns (age of purchasers, model type and 
size, experienced vs. inexperienced riders, etc.).
    6. Whether factors such as the rider's age, ATV engine size, 
and/or the large used ATV sales market (or any other factors) have 
influenced the increase in injuries and deaths observed by the 
Commission staff during its recent ATV risk analysis study.
    7. Whether there should be a performance standard for ATVs and 
what requirements related to safety should be included.

    Participation in the hearing is open. See the DATES section of this 
notice for information on making requests to give oral presentations at 
the hearing and on making written submissions.

    Dated: April 18, 2003.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 03-10046 Filed 4-22-03; 8:45 am]
BILLING CODE 6355-01-P