[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12197-12200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4385]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1420

[CPSC Docket No. CPSC-2011-0047]


Standard for All-Terrain Vehicles

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Improvement Act of 2008 
(``CPSIA'') required the Consumer Product Safety Commission 
(``Commission,'' ``CPSC,'' or ``we'') to publish, as a mandatory 
consumer product safety standard, the American National Standard for 
Four-Wheel All-Terrain Vehicles Equipment Configuration, and 
Performance Requirements, developed by the Specialty Vehicle Institute 
of America (American National Standard ANSI/SVIA 1-2007). We did so on 
November 14, 2008. 73 FR 67385. ANSI/SVIA later issued a 2010 edition 
of its standard. In accordance with the CPSIA, we are amending the 
Commission's mandatory ATV standard to reference the 2010 edition of 
the ANSI/SVIA standard.\1\
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    \1\ The Commission voted 3-0-1 to approve publication of this 
rule. Chairman Inez M. Tenenbaum and Commissioners Nancy A. Nord and 
Robert S. Adler voted for the rule. Commissioner Ann M. Northup 
abstained from voting. Commissioner Adler filed a statement 
concerning this action which may be viewed on the Commission's Web 
site at http://www.cpsc.gov/pr/statements.html or obtained from the 
Commission's Office of the Secretary.

DATES: The rule will become effective on April 30, 2012, and will apply 
to products manufactured or imported on or after that date. The 
incorporation by reference of the publication listed in this rule is 
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approved by the Director of the Federal Register as of April 30, 2012.

FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Office of Compliance and 
Field Operations, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814; telephone (301) 504-7814; [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    The Consumer Product Safety Improvement Act of 2008 (``CPSIA'') 
directed the Commission to ``publish in the Federal Register as a 
mandatory consumer product safety standard the American National 
Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, 
and Performance Requirements developed by the Specialty Vehicle 
Institute of America (American National Standard ANSI/SVIA 1-2007).'' 
15 U.S.C. 2089(a)(1), as added by section 232 of the CPSIA. 
Accordingly, on November 14, 2008, we published a final rule mandating 
ANSI/SVIA 1-2007 as a consumer product safety standard. 73 FR 67385. 
The final rule is codified at 16 CFR part 1420.

B. The Amendment

1. Procedure

    Section 42(b) of the Consumer Product Safety Act (``CPSA'') 
provides that, if ANSI/SVIA 1-2007 is revised after we have published a 
Federal Register notice mandating the standard as a consumer product 
safety standard, ANSI must notify us of the revision, and we have 120 
days after receiving that notification to issue a notice of proposed 
rulemaking to amend our mandatory ATV standard ``to include any such 
revision that the Commission determines is reasonably related to the 
safe performance of [ATVs] and notify the Institute of any provision it 
has determined not to be so related.'' 15 U.S.C. 2089(b)(1) and (2). 
Thereafter, we have 180 days after publication of the proposed 
amendment to publish a final amendment to revise the ATV standard. Id.

2. Changes From 2007 Edition

    On March 16, 2011, ANSI notified us that, in December 2010, ANSI 
approved a revised version of the ANSI/SVIA standard for four-wheel 
ATVs, ANSI/SVIA 1-2010. We reviewed the changes from the 2007 version. 
Many changes are minor revisions to the wording in the standard. We 
considered the substantive changes to be: (1) Elimination from the 
scope section of a provision calling for expiration of the definition 
and requirements for the Y-12+ youth ATV age category on July 28, 2011; 
(2) a change in how to calculate the speed for the braking test of 
youth ATVs; (3) a change in the force applied to passenger handholds 
during testing; (4) the addition of a requirement that youth ATVs shall 
not have a power take-off mechanism; (5) the addition of a requirement 
that youth ATVs shall not have a foldable, removable, or retractable 
structure in the ATV foot environment; (6) additional specificity 
concerning the location and method of operation of the brake control; 
(7) tightening the parking brake performance requirement, by requiring 
the transmission to be in ``neutral'' during testing, rather than in 
``neutral'' or ``park''; and (8) the requirement that tire pressure 
information be on the label, when the previous requirement could be 
interpreted to allow tire pressure information to be on the label,

[[Page 12198]]

or in the owner's manual, or on the tires.

3. Proposed Rule

    In the Federal Register of July 25, 2011 (76 FR 44289), we proposed 
to amend our mandatory ATV standard to reference ANSI/SVIA 1-2010 
instead of ANSI/SVIA 1-2007. In the preamble to the proposed rule, we 
discussed the changes that had been made to the ANSI/SVIA standard. Id. 
at 44290 through 44291. We concluded that none of the revisions in the 
ANSI/SVIA 1-2010 standard would diminish the safety of ATVs. Id. at 
44291. We concluded that, although some changes could be considered 
more related than others to the safe performance of ATVs, all, in fact, 
could be related to the safe performance because the changes improve 
the standard's clarity and consistency and, in that way, advance the 
standard. We also stated that, given the relatively minor and editorial 
nature of most of the changes meant to improve the standard's clarity 
and consistency, it makes sense to revise the Commission's mandatory 
standard to incorporate all of the provisions of the ANSI/SVIA 1-2010 
version to avoid there being two slightly different versions of the 
standard, the current mandatory standard and the revised voluntary 
standard. Id.

C. Response to Comments on the Proposed Rule

    The preamble to the proposed rule invited comments on the proposal 
to update the mandatory standard and also on numerous other issues 
related to ATVs that could be relevant to future ATV rulemaking. We 
received five comments. We describe and respond to the comments in this 
section of this document. A summary of each of the commenter's topics 
is presented, and each topic is followed by staff's response. For ease 
of reading, each topic will be prefaced with a numbered ``Comment''; 
and each response will be prefaced by a corresponding numbered 
``Response.'' Each ``Comment'' is numbered to help distinguish between 
different topics. The number assigned to each comment is for 
organizational purposes only and does not signify the comment's value, 
or importance, or the order in which it was received. Comments on 
similar topics are grouped together.

1. Comments Related to Incorporating ANSI/SVIA 1-2010

a. Clarification of the Standard
    (Comment 1)--In the preamble to the proposed rule, we asked whether 
the proposed revisions to ANSI/SVIA 1-2007 would enhance the clarity of 
the ANSI standard (76 FR at 44292). One commenter responded to this, 
delineating the specific sections of the ANSI standard that include 
clarifying language: these sections are 4.19.1(3)(b) (tire marking), 
4.23.1 (general format for labels), 4.23.4.1 (general warning label for 
Type 1 (single-rider) ATVs, 4.23.5.1 (general warning label for Type II 
(tandem) ATVs, Figures 5 (tire pressure warning label) and 7 (combined 
tire pressure and overloading warning label), and 4.23.5.3 (passenger 
warning label for Type II (tandem) ATVs. The commenter noted that these 
clarifying changes were made in response to requests it received for 
interpretation of sections of the standard that were new with the ANSI/
SVIA 1-2007 edition of the standard.
    (Response 1)--We believe that these changes clarify the sections of 
the standard that were new with the 2007 edition of the ANSI/SVIA 
standard.
b. Youth Category Y-12+
    (Comment 2)--In the preamble to the proposed rule, we asked about 
the effect of not eliminating from the scope of the standard the 
expiration of the definition and requirements for the Y-12+ ATV age 
category (76 FR at 44292). One comment noted that when ANSI/SVIA 1-2010 
was adopted, the lead content limits in section 101 of the CPSIA were 
in effect, which resulted in limited sales of the Y-6+ and Y-10+ ATV 
model categories. The Y-12+ category then was maintained due to SVIA's 
concern that children, particularly those between ages 12-15, would 
have these as the only alternative to riding adult-size ATVs.
    With the passage of Public Law 112-28 in August 2011, the lead ban 
on youth ATVs no longer is in effect. However, the commenter stated 
that it is important to maintain the Y-12+ category because few Y-10+ 
models are available (only two for SVIA members' dealers as of August 
2011) and because, as of October 7, 2011, when it submitted its 
comment, the stay of enforcement on third party testing of youth ATVs 
was set to expire on November 27, 2011, possibly continuing to restrict 
the number of available Y-10+ models that could become available on the 
market. (We note that the stay of enforcement has expired and that 
there is one laboratory that is both accredited and CPSC-accepted to 
conduct third party testing for youth ATVs.)
    The commenter also stated its opinion that maintaining the Y-12+ 
age category is not likely to result in children younger than 12 years 
old riding Y-12+ ATVs, given the labeling requirements of the standard 
and the dealer monitoring requirements of the Action Plans. 
Furthermore, the commenter believes that these labeling and dealer 
monitoring requirements also would prevent the possibility that keeping 
the Y-12+ category would constitute an implicit approval for riding a 
Y-12+ ATV when a Y-6+ or Y-10+ size is not available. The commenter 
stated that it is not aware of any data or research regarding the 
safety of 6- to 9-year-old riders when operating a Y-12+ ATV, but said 
it ``strongly recommends that parents strictly follow ATV age 
recommendations'' and noted that Federal law requires that 
manufacturers and distributors adhere to age recommendations when 
offering ATVs for sale. Finally, the commenter noted that Y-10+ and Y-
12+ category ATVs have the same maximum speed limitations and 
capabilities and that the Y-12+ ATVs can be larger in size and/or 
weight.
    Another commenter expressed opposition to the introduction of the 
Y-12+ models, stating that ``placing children on a vehicle that is 
larger, heavier, or faster than what is currently defined as an `adult-
sized' ATV would be a step backwards that would only serve to put our 
children at an even greater risk of death and injury.'' Further, the 
commenter ``urge[d] CPSC not to take any action that would permit 
children to operate any ATV that is larger than 90 cc.''
    (Response 2)--We believe that elimination of the scope provision 
(which effectively keeps the Y-12+ category of youth ATV) would not be 
problematic. The Y-12+ category was not new with the 2007 or the 2010 
editions of the ANSI/SVIA standard; it was, in fact, one of the youth 
ATV categories in the 1990 first edition of the ANSI/SVIA standard. 
Furthermore, Y-12+ ATVs are not necessarily larger or heavier than what 
is currently defined as an ``adult-sized'' ATV. They also are, by 
definition in the standard, not faster than an adult ATV. According to 
the definition in the 2010 edition of the standard, Y-12+ ATVs are 
required to have the same maximum speed and speed limitation 
requirements as the Y-10+ model. The Y-10+ and the Y-12+ ATV models are 
not faster than what is currently defined as an adult-size ATV because 
they both must have a maximum speed that is lower than that of an 
adult-size ATV.
    It is important to note that the ANSI/SVIA standard (either 1990, 
2001, 2007, or 2010 edition) never categorized youth and adult ATVs by 
cc engine size; the categories were defined and differentiated in the 
standard by the

[[Page 12199]]

maximum allowable speed and the presence of a speed limiter (which 
parents and caregivers could use to reduce the maximum allowable speed 
further).
    Using 90cc engine size as a demarcation between youth and adult 
ATVs originated with the 1988 consent decrees between the CPSC and ATV 
distributors. (The consent decrees expired in 1998.) Under the consent 
decrees, only ATVs between 70 to 90 cc were to be marketed for riders 
12 years of age and older, and ATVs less than 70 cc were to be marketed 
for use by riders under 12 years of age. ATVs 90 cc and above were to 
be marketed for use by riders 16 years of age and older, according to 
the consent decrees.
    In 2006, we issued a proposed rule on ``Standards for All-Terrain 
Vehicles and Ban of Three-Wheeled All Terrain Vehicles.'' The proposed 
rule, which pre-dated the CPSIA's enactment and has not been finalized, 
would, among other things, change the categorization of ATVs based on 
engine size (as established by the consent decrees) and instead, 
categorize youth ATVs based on maximum speed. 71 FR 45904, 45908 
(August 10, 2006). We explained our rationale for this change in the 
preamble to the proposed rule. Id. It cannot be assumed that a larger 
engine displacement ATV is necessarily heavier than a smaller engine 
displacement ATV. We will address this issue further when we complete 
our 2006 rulemaking. However, we are not aware of any data to show that 
continuing to have this category included in the standard would reduce 
the safety of ATVs. Thus, we continue to believe that having the Y-12+ 
category included in the standard would not be problematic.
c. The Test for Type II ATV Passenger Handholds
    (Comment 3)--The 2010 edition of the ANSI/SVIA standard includes a 
test for the passenger handholds on Type II (tandem) ATVs. Under the 
2007 version of the standard, the test specifications could be 
interpreted to mean that the test could be applied in either a downward 
or an upward direction, or both. The 2010 version states that the force 
applied to the handhold must be upward. Before preparing the July 6, 
2011 staff briefing package in support of the proposed rule, CPSC staff 
contacted the SVIA with staff's concern that the revised language 
limits the test procedure. SVIA indicated that it was not opposed to 
changing the standard to add a downward testing component and that such 
a change would be considered in the next revision of ANSI/SVIA 1-2010.
    In response to the proposed rule, SVIA opined that the primary 
direction of force applied to ATV handholds is in the upward direction. 
SVIA stated it had received no comments during the ANSI balloting 
process that suggested that the force be applied in a downward 
direction, and it is unaware of any reports of an ATV handhold failing 
under downward force. SVIA stated that it ``has committed to adding a 
downward testing component to the passenger handhold testing standard 
during the next revision of the ANSI/SVIA voluntary standard.''
    (Response 3)--We are satisfied with SVIA's commitment to adding a 
downward testing component to the passenger handhold test during the 
next revision of the ANSI/SVIA voluntary standard.
d. Effective Date
    (Comment 4)--We proposed that the amendment mandating ANSI/SVIA 1-
2010 would take effect 30 days after publication of a final rule and 
apply to ATVs manufactured or imported after that date. In a joint 
comment submitted by the seven major distributors of ATVs, they noted 
that the ANSI/SVIA standard requires that ATVs have a certification 
label indicating that they comply with the ANSI/SVIA standard. The 
commenters said they will need to change these certification labels to 
specify compliance with the 2010 rather than the 2007 ANSI/SVIA 
standard. They noted that some companies may still be producing 2012 
model year (``MY'') ATVs at the time when a final rule would become 
effective. This would mean that some companies would have to change the 
certification label in the middle of 2012 MY production. The commenters 
stated that this could create errors in labeling particular ATVs and 
could create confusion in the marketplace. They requested that the rule 
become effective for 2013 MY ATVs. In the alternative, the commenters 
requested a 60-day effective date to allow ATV manufacturers time to 
obtain new certification labels.
    (Response 4)--Keying an effective date to a model year rather than 
a date certain would be difficult to enforce and could create greater 
confusion. We understand that companies will need time to provide the 
correct certification labels. Because the differences between the 2007 
and the 2010 ANSI/SVIA standards are primarily editorial, we are 
changing the effective date to specify that the rule will take effect 
60 days after publication in the Federal Register, and that it will 
apply to ATVs manufactured or imported on or after that date.

2. Comments Responding to the Commission's Request for Comments and 
Information and Comments Addressing Issues in Our 2006 Proposed Rule

    The preamble to the proposed rule asked several questions that were 
beyond the scope of the immediate revisions to the mandatory standard, 
but relevant to future ATV rulemaking (76 FR at 44292). For example, 
one question asked whether there are any state laws prohibiting the use 
of a Y-12+ ATV by children younger than 12 and the effects of ATV-
related injuries or deaths in those states that have new or updated 
minimum age requirements for ATV operation since the adoption of ANSI/
SVIA-1-2007 (id.). Several commenters responded to those questions, 
addressing issues such as whether there should be restrictions on the 
sale, rental, or use of ATVs by individuals under a certain age, and 
other matters.
    Other commenters addressed matters that pertained more directly to 
the proposed rule that we had published in the Federal Register on 
August 10, 2006 (71 FR 45904). For example, we received comments 
expressing support and opposition for roll over protection systems in 
ATVs.
    We appreciate the commenters' responsiveness to the questions 
presented in the preamble to the proposed rule, as well as their 
interest in other ATV issues. Because this rulemaking focuses on the 
adoption of the modified ANSI/SVIA 1-2010 standard pursuant to section 
42(b) of the CPSA, we will not address those comments in this preamble. 
However, we will consider the information and opinions presented by the 
commenters and may address them in a separate proceeding. For example, 
for commenters who raised issues that are more appropriate to the 
proposed rule that we issued in 2006, we will consider those comments 
when developing methods for addressing ATV safety, and will respond to 
them when we finalize that rule.

D. Brief Description of the Final Rule

    The final rule revises Sec.  1420.3(a), ``Requirements for four-
wheel ATVs'' to incorporate by reference the ANSI/SVIA 1-2010 standard 
instead of the ANSI/SVIA 1-2007 version.

E. Effective Date

    As we stated in the preamble to the proposed rule (76 FR at 44291), 
the CPSIA provides a timetable for us to

[[Page 12200]]

issue a notice of proposed rulemaking (within 120 days of receiving 
notification of a revised ANSI/SVIA standard) and to issue a final rule 
(within 180 days of publication of the proposed rule), but it does not 
set an effective date. We proposed that the amendment updating the 
ANSI/SVIA standard take effect 30 days after publication of a final 
rule because the differences between the 2007 version of the standard 
and the 2010 version are relatively minor and largely editorial and 
because the 2010 version of the ANSI/SVIA standard is already in effect 
as a voluntary standard.
    As we noted in section C of this preamble, we received a comment 
from several ATV companies suggesting that the amended standard become 
effective for 2013 MY ATVs or 60 days after publication of a final 
rule, rather than the 30 days we proposed. To allow time for ATV 
companies to update their certification labels, the final rule provides 
a 60-day effective date, and it applies to ATVs that are manufactured 
or imported on or after that date.

F. Notice of Requirements

    In accordance with section 14(a)(3)(B)(vi) of the CPSA, on August 
27, 2010, we published a notice of requirements for accreditation of 
third party conformity assessment bodies for testing ATVs designed or 
intended primarily for children 12 years of age or younger. 75 FR 
52616. The notice of requirements provided the criteria and process for 
our acceptance of accreditation of third party conformity assessment 
bodies for testing ATVs pursuant to 16 CFR part 1420, which, at that 
time, incorporated by reference ANSI/SVIA 1-2007. With this rule, we 
are changing that reference in 16 CFR part 1420 to ANSI/SVIA 1-2010. 
With regard to youth ATVs, only four revisions in the 2010 edition are 
related to youth ATVs and only one of those, the brake speed test 
requirements (section 7 of the standard), is related to testing. 
Because this change does not constitute a substantial change in the 
requirement that would affect the associated third-party conformance 
testing, and, by this final rule, the Commission recognizes the 
functional equivalence of the specific brake speed test between the two 
versions of the standard. A Notice of Requirements has been issued by 
the Commission for the prior version of the rule, the 2007 edition, and 
the Commission has accepted the accreditation of a third party 
conformity assessment body for purposes of testing youth ATVs. The 
current Notice of Requirements for third party testing of youth ATVs 
will remain in effect until the Notice of Requirements final rule for 
ANSI/SVIA 1-2010 has been completed. The Commission is continuing to 
accept that accreditation so that the third party conformity assessment 
body can test to all aspects of the 2010 edition including the new 
brake speed test requirements in section 7. We are in the process of 
developing a notice of proposed rulemaking regarding accreditation of 
third party conformity assessment bodies. In that proposed rule, we 
will address the impact of accepting the revised ANSI/SVIA standard on 
the accreditation of third party conformity assessment bodies.

G. Regulatory Flexibility Act

    As noted in the preamble to the proposed rule, in accordance with 
the Regulatory Flexibility Act (``RFA''), we examined the potential 
impact on small entities that could occur from amending our ATV 
standard to reference the 2010 version of the ANSI/SVIA standard. 76 FR 
at 44291-92. We concluded that amending the mandatory ATV standard to 
reference the 2010 edition of the ANSI/SVIA ATV standard would not have 
a significant impact on a substantial number of small businesses or 
other small entities because the differences between the 2007 and 2010 
editions of the ANSI/SVIA standard are relatively minor modifications 
or updates that are not expected to have a significant impact on any 
manufacturers or importers of ATVs. We did not receive any comments on 
this conclusion, and we are not aware of any other information that 
would change this conclusion.

H. Paperwork Reduction Act

    This amendment would not impose any information collection 
requirements. Accordingly, this rule is not subject to the Paperwork 
Reduction Act, 44 U.S.C. 3501-3520.

I. Environmental Considerations

    Our regulations provide a categorical exemption for our rules from 
any requirement to prepare an environmental assessment or an 
environmental impact statement because they ``have little or no 
potential for affecting the human environment.'' 16 CFR 1021.5(c)(2). 
This amendment falls within the categorical exemption.

List of Subjects in 16 CFR Part 1420

    Administrative practice and procedure, Business and industry, 
Consumer protection, Imports, Incorporation by reference, Information, 
Infants and children, Labeling, Law enforcement, Recreation and 
recreation areas, Reporting and recordkeeping requirements, Safety.

    For the reasons stated in the preamble, the Commission amends 16 
CFR part 1420 as follows:

PART 1420--REQUIREMENTS FOR ALL TERRAIN VEHICLES

0
1. The authority citation for part 1420 continues to read as follows:

    Authority:  The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, Sec.  232, 122 Stat. 3016 (August 14, 2008).


Sec.  1420.1  [Amended]

0
2. In the second sentence of Sec.  1420.1, remove the words, ``April 
13, 2009,'' and in their place add ``April 30, 2012.''.

0
3. Revise paragraph (a) of Sec.  1420.3 to read as follows:


Sec.  1420.3  Requirements for four-wheel ATVs.

    (a) Each ATV shall comply with all applicable provisions of the 
American National Standard for Four-Wheel All-Terrain Vehicles 
(American National Standards Institute, Inc. ANSI/SVIA 1-2010), 
approved December 23, 2010. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain a copy from the Specialty 
Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618-
3806; telephone 949-727-3727 ext.3023; www.svia.org. You may inspect a 
copy at the Office of the Secretary, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, 
telephone 301-504-7923, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

    Dated: February 16, 2012.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2012-4385 Filed 2-28-12; 8:45 am]
BILLING CODE 6355-01-P