[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Notices]
[Pages 5565-5566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2166]


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CONSUMER PRODUCT SAFETY COMMISSION


Notice of Stay of Enforcement of Testing and Certification 
Pertaining to Youth All-Terrain Vehicles

AGENCY: Consumer Product Safety Commission.

ACTION: Stay of enforcement.

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SUMMARY: The Consumer Product Safety Commission (``CPSC,'' 
``Commission,'' or ``we'') is announcing its decision to stay 
enforcement of the testing of youth all-terrain vehicles (``ATVs'') by 
third party conformity assessment bodies, subject to conditions, until 
November 27, 2011.

DATES: This stay of enforcement is effective on February 1, 2011.

FOR FURTHER INFORMATION CONTACT: Elizabeth Leland, Project Manager, 
Directorate for Economic Analysis, U.S. Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, Maryland 20814; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 14(a)(3)(B)(vi) of the Consumer Product Safety Act 
(``CPSA''), as added by section 102(a)(2) of the Consumer Product 
Safety Improvement Act of 2008 (``CPSIA''), Public Law 110-314, directs 
the CPSC to establish and publish a notice of requirements for 
accreditation of third party conformity assessment bodies to assess 
children's products for conformity with ``other children's product 
safety rules.'' Section 14(f)(1) of the CPSA defines ``children's 
product safety rule'' as ``a consumer product safety rule under [the 
CPSA] or similar rule, regulation, standard, or ban under any other Act 
enforced by the Commission, including a rule declaring a consumer 
product to be a banned hazardous product or substance.'' Under section 
14(a)(3)(A) of the CPSA, 15 U.S.C. 2063(a)(3)(A), each manufacturer 
(including an importer) or private labeler of products subject to those 
regulations must have products that are manufactured more than 90 days 
after the establishment and Federal Register publication of a notice of 
the requirements for accreditation tested by a third party conformity 
assessment body accredited to do so, and must issue a certificate of 
compliance with the applicable regulations based on that testing. 
Pursuant to section 14(a)(3)(F) of the CPSA, the Commission may extend 
the 90-day period by not more than 60 days if the Commission determines 
that an insufficient number of third party conformity assessment bodies 
have been accredited to permit certification for a children's product 
safety rule. Irrespective of certification, the product in question 
must comply with applicable CPSC requirements (see, e.g., section 14(h) 
of the CPSA, as added by section 102(b) of the CPSIA).
    In the Federal Register of August 27, 2010 (75 FR 52616), we 
published a notice of requirements that provided the criteria and 
process for Commission acceptance of accreditation of third party 
conformity assessment bodies for testing of ATVs designed or intended 
primarily for children 12 years of age or younger. The notice of 
requirements stated that, for youth ATVs manufactured after November 
26, 2010, the manufacturer ``must issue a certificate of compliance 
with 16 CFR part 1420 based on'' testing performed by a third party 
conformity assessment body (75 FR at 52618). The notice also asked for 
comments to be received by September 27, 2010.
    In response to the notice of requirements, the Specialty Vehicle 
Institute of America (``SVIA'') filed a comment that included a request 
that the Commission extend by 60 days the date by which manufacturers 
must begin testing and certification of youth ATVs. Among the reasons 
given for the extension, were the complexity of 16 CFR part 1420 and 
the fact that no third party conformity assessment bodies have been 
accredited by an accrediting body that is a signatory to the 
International Laboratory Accreditation Cooperation-Mutual Recognition 
Arrangement (ILAC-MRA), a prerequisite for such conformity assessment 
bodies to be accepted by the CPSC.
    On November 17, 2010, the SVIA filed a ``Petition for Extension and 
Stay of Enforcement for Third Party Testing for Certain All-Terrain 
Vehicles.'' The petition requested a 60-day extension of the date by 
which manufacturers must begin testing and certification of youth ATVs, 
stating that no third party conformity assessment bodies have been 
accredited by the CPSC to test for conformity with 16 CFR part 1420. 
The SVIA concluded that it is unlikely that a sufficient number of 
accredited third party conformity assessment bodies will exist by the 
end of the requested 60-day extension. As a result, the SVIA also 
requested that the Commission consider additional forms of relief, such 
as a further stay of enforcement of these requirements for one year (to 
November 27, 2011).
    In response, in the Federal Register of December 9, 2010 (75 FR 
76708), the Consumer Product Safety Commission announced that we would 
extend the date of testing and certification of youth ATVs until 
January 25, 2011. We acknowledged that we were ``not aware of any third 
party conformity assessment bodies that have the requisite 
accreditation by an ILAC-MRA signatory to test for conformity to 16 CFR 
part 1420'' and so we were granting the request for a 60-day extension 
(75 FR at 76709). However, with respect to the SVIA's request for a 
one-year stay of enforcement, we decided to seek public comment and 
asked very specific questions:
    (1) What efforts have been made by ATV manufacturers or others to 
obtain tests of youth ATVs by third party conformity assessment bodies 
and to encourage third party conformity assessment bodies to become 
accredited to do so?
    (2) What is the status of the efforts of third party conformity 
assessment bodies to become accredited to test youth ATVs, and how long 
will it take to obtain such accreditation?
    (3) What barriers currently exist to gaining accreditation that is 
specifically related to youth ATVs?
    (4) How are ATV manufacturers currently demonstrating compliance 
with the ANSI/SVIA-1-2007 standard? What ATV manufacturers are 
currently doing in-house testing of their ATVs for conformance to the 
standard? What steps, if any, have these manufacturers taken to have 
their existing in-house testing facilities become accredited third 
party conformity assessment bodies?
    (5) What third party testing facilities are capable of testing 
youth ATVs to the ANSI/SVIA-2007-1 standard?

II. Comments

    We received more than 400 comments. Most comments were form letters 
that requested a stay of enforcement until November 27, 2011, because 
``the industry states that it will be unlikely enough labs will be 
online by the new January 25, 2011 deadline.'' Most form letters were 
submitted by consumers, some of whom are members of the American 
Motorcyclist Association (``AMA'') and the All Terrain Vehicle 
Association (``ATVA''); the remaining form letters were submitted by 
rider associations, dealers,

[[Page 5566]]

raceways, and other private sector businesses.
    Of the remaining comments, some requested that the stay be 
extended. Other comments addressed issues related to lead content 
issues, which are not addressed in this proceeding or addressed various 
topics, such as the family activity nature of ATV riding, government 
regulation, the CPSIA, or the role of parents to decide what is best 
for their child.
    Only one comment expressed specific opposition to an extension of 
the January 25, 2011, date. No affiliation was provided. The commenter 
stated that it opposes any further extension of the date for compliance 
with the requirements for ATV manufacturers to use accredited third 
party laboratories because any further extension would remove the 
incentive to come into compliance.
    Only one comment, from the SVIA, responded specifically to the five 
questions posed in the December 1, 2010 FR notice. The SVIA stated that 
it contacted 27 conformity assessment bodies worldwide. The SVIA states 
that ``it appears unlikely that there will be a sufficient number of 
accredited third party conformity assessment bodies prepared to conduct 
conformity testing of youth ATVs by January 26, 2011 or anytime soon 
thereafter.'' Furthermore, the SVIA indicated that there is no 
information regarding ``how long conformity assessment testing will 
take to complete'' once a third party testing body is accredited and 
ready to conduct such testing. Therefore, the SVIA requested that the 
Commission grant a further stay of enforcement until November 27, 2011 
and noted that, without a further stay of enforcement, youth ATVs will 
``cease to become available, or at least will be substantially less 
available.''

III. The Conditional Stay

    We recognize that there are still no accredited third party testing 
bodies for youth ATVs at this time. However, we believe that it is 
important to establish accountability in meeting the CPSIA third party 
testing requirement until there are accredited third party conformity 
assessment bodies that can perform tests to 16 CFR part 1420, 
Requirements for All Terrain Vehicles. Accordingly, CPSC staff will 
begin to conduct compliance testing of youth ATVs. If there is evidence 
of noncompliance with the requirements of the mandatory standard by the 
manufacturers that have action plans approved by the Commission, we 
will take appropriate enforcement actions. In addition, we will stay 
enforcement of the testing and certification requirements of 16 CFR 
part 1420 until November 27, 2011, upon the following conditions:
    (1) An ATV company that manufactures or distributes a youth model 
ATV and has an approved action plan must submit a General Certificate 
of Conformity (``GCC'') to the Commission demonstrating compliance with 
16 CFR part 1420. Currently, in addition to complying with the 
certification label requirement of the ANSI/SVIA-1-2007 mandatory 
standard and the certification label requirement of section 42(a)(2)(B) 
of the CPSA, ATV companies that manufacture or distribute a youth model 
ATV are required to issue GCCs for youth ATVs containing all of the 
information required by section 14(g) of the CPSA. On March 3, 2011, 
ATV companies that manufacture or distribute youth model ATVs must also 
submit their GCCs for ATVs manufactured on or after March 3, 2011 to 
Mary Toro, Director, Regulatory Enforcement, Office of Compliance & 
Field Operations, U.S. Consumer Product Safety Commission, 4330 East 
West Highway, Bethesda, Maryland 20814; e-mail [email protected], with 
subject line: ``Youth ATV--GCC.''
    (2) An ATV company that manufactures or distributes a youth model 
ATV and has an approved action plan must submit any test reports 
supporting the company's GCCs to the Commission, if requested.
    (3) An ATV company that manufactures or distributes a youth model 
ATV and has an approved action plan must provide a quarterly report, 
beginning on April 1, 2011, and again on July 1, 2011, and October 1, 
2011, with responses to the following questions:
     What efforts has your company made to obtain tests of 
youth ATVs by third party conformity assessment bodies and to encourage 
third party conformity assessment bodies to become accredited to do so?
     What efforts have been made by the third party conformity 
assessment bodies that your company has contacted to become accredited 
to test youth ATVs? If these bodies are not yet accredited, how long 
will it take to obtain such accreditation?
     What barriers are preventing your company from obtaining 
third party certification?
    The quarterly report should be submitted to Mary Toro, Director, 
Regulatory Enforcement, Office of Compliance & Field Operations, U.S. 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
Maryland 20814; e-mail [email protected], with subject line: ``Youth ATV--
Quarterly Report.''

    Dated: January 25, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-2166 Filed 1-31-11; 8:45 am]
BILLING CODE 6355-01-P