[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8336-8340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03904]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1420

[CPSC Docket No. 2017-0032]


All-Terrain Vehicles

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY:  The Consumer Product Safety Act (CPSA), as amended by the 
Consumer Product Safety Improvement Act of 2008 (CPSIA), required the 
Consumer Product Safety Commission (CPSC or the Commission) to publish, 
as a mandatory consumer product safety standard, the American National 
Standard for Four-Wheel All-Terrain Vehicles, developed by the 
Specialty Vehicle Institute of America (ANSI/SVIA 1-2007). CPSC 
published that mandatory consumer product safety standard on November 
14, 2008. ANSI/SVIA issued a 2017 edition of its standard in June 2017. 
In accordance with the CPSA, CPSC is issuing this final rule to amend 
the Commission's mandatory ATV standard to reference the 2017 edition 
of the ANSI/SVIA standard.

DATES: This rule will become effective on January 1, 2019. The 
incorporation by reference of the publication listed in this rule is 
approved by the Director of the Federal Register as of January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, U.S. 
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, 
MD 20814; telephone: 301-504-7814; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Statutory Authority

    Section 42 of the Consumer Product Safety Act (CPSA), as amended by 
section 232 of the 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). Accordingly, on November 14, 
2008, CPSC published a final rule, codified at 16 CFR part 1420, 
mandating ANSI/SVIA 1-2007 as a consumer product safety standard. 73 FR 
67385.
    Section 42(b) of the CPSA provides that, if ANSI/SVIA 1-2007 is 
revised after the Commission has published a Federal Register notice 
mandating the standard as a consumer product safety standard, ANSI must 
notify the Commission of the revision, and the Commission has 120 days 
after it receives that notification to issue a notice of proposed 
rulemaking to amend the Commission's 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, the Commission has 180 days after 
publication of the proposed amendment to publish a final amendment to 
revise the ATV standard. Id. On February 29, 2012, the Commission 
revised part 1420, in accordance with the revision procedures set out 
in the CPSA, to reference the 2010 edition of the ANSI/SVIA standard. 
77 FR 12197.

II. The Proposed and Final Rules

    On June 14, 2017, ANSI notified the Commission that the ANSI/SVIA 
standard had been revised in 2017, and that the new standard, ANSI/SVIA 
1-2017, was approved on June 8, 2017. On September 13, 2017, the 
Commission published a proposed rule (NPR), 82 FR 42962, to amend part 
1420 to reference the 2017 edition of the ANSI/SVIA standard. In the 
NPR, the Commission described two material changes to ANSI/SVIA 1-2017, 
which compared to the 2010 edition of the standard, are reasonably 
related to the safe performance of ATVs: (A) Requirements for stop 
lamps or combination tail-stop lamps on all adult and transition 
category ATVs, and on all youth ATVs equipped with a head lamp or 
conspicuity lamp; and (B) requirements for reflectors for all 
categories of ATVs. 82 FR at 42961. These revisions have not changed 
for the final rule.

A. Stop Lamps and Reflectors

    ANSI/SVIA 1-2017 Section 4.17, Lighting & Reflective Equipment, 
requires that all categories of ATVs be equipped with reflectors, all 
adult and transition ATVs be equipped with stop

[[Page 8337]]

lamps, and that all youth ATVs already equipped with a head lamp or 
conspicuity lamp also be equipped with stop lamps.
1. Stop Lamps
    ANSI/SVIA 1-2017 requires stop lamps or combination tail-stop lamps 
on all adult and transition category ATVs, and on all youth ATVs 
equipped with a head lamp or conspicuity lamp. In May 2015, CPSC 
requested that SVIA consider adding requirements relating to stop lamps 
to increase the detectability of ATVs, based on a preliminary analysis 
of 2007 ATV fatality data involving two ATVs colliding. CPSC staff 
worked with SVIA to develop the stop lamp requirements contained in 
ANSI/SVIA 1-2017. The stop lamp requirements in ANSI/SVIA 1-2017 are 
intended to improve the optional provision for stop lamps in the 2010 
edition of the voluntary standard, to reduce rear-end collisions 
related to non-detection of a vehicle braking.
2. Reflectors
    ANSI/SVIA 1-2017 requires one amber reflector on each side of the 
ATV (mounted as far forward as practicable), one red reflector on each 
side of the ATV (mounted as far rearward as practicable), one red 
reflector on the rear of the vehicle, and one white reflector on the 
front of the ATV, if not equipped with a headlamp or conspicuity light. 
These requirements are for all categories of ATV. The NPR reviewed that 
reflector use may increase the detectability of ATVs, citing CPSC 
staff's review of 331 fatal ATV-related vehicular collision incidents 
that found that more than 30 percent of these incidents occurred at 
night and an additional 5 percent occurred in low light (i.e., dusk). 
Moreover, CPSC's review of data demonstrate that fatalities occur when 
ATVs cross public roads between fields or trails. Although many factors 
contribute to incidents, increasing the visibility of ATVs at night 
will raise the likelihood that the driver of an oncoming vehicle will 
detect the ATV. Early detection of an ATV may allow the driver of an 
oncoming vehicle sufficient time to react and avoid a collision.
    In May 2015, CPSC requested that SVIA consider adding requirements 
relating to reflectors, and worked with SVIA in developing the 
reflector requirements contained in ANSI/SVIA 1-2017. The ANSI/SVIA 1-
2017 reflector requirements are intended to increase the visibility of 
an ATV at night and may reduce vehicular collisions related to non-
detection of other vehicles.
    The Commission now reviews the comments on the NPR, and finalizes 
the amendment to part 1420, updating the reference in part 1420 to 
ANSI/SVIA 1-1017, as described herein.

III. Response to Comments

    The Commission received 32 comments on the NPR. However, 26 
comments were about renewable energy and climate issues, and thus, were 
not related to the proposed amendment of the consumer product safety 
standard for ATVs. Of the remaining six comments relevant to the NPR, 
three agreed with the proposed rule, two opposed the proposed rule, and 
one commented on the proposed effective date.
    Below the Commission summarizes and responds to the significant 
issues raised in the relevant comments.

A. Comment Regarding the Effective Date of the Final Rule

    Comment: The SVIA objected to the proposed 60-day effective date 
specified in the NPR. SVIA noted that although the CPSIA requires the 
Commission to issue an NPR within 120 days of receiving notification of 
the revised ANSI/SVIA standard, the Commission issued the NPR within 90 
days of notification, on September 13, 2017, instead of closer to the 
statutory deadline of October 12, 2017. SVIA added that although the 
Commission is required to publish a final rule by March 12, 2018, the 
Commission could issue the final rule earlier. SVIA contended that the 
Commission's ability to issue the final rule earlier than the statutory 
deadline presents an uncertainty in the effective date, which makes it 
difficult for ATV manufacturers to plan for compliance. SVIA requested 
that the effective date of the final rule apply to ATVs beginning with 
the 2019 model year, to accommodate changes to the design of certain 
ATVs.
    Moreover, SVIA stated that modifications to meet the new standard 
require ``changes to the electrical system and will require new 
engineering, designing, fabricating, and testing of reflectors and 
mounting brackets, all of which must be arranged significantly in 
advance of implementation.'' SVIA noted that to meet the proposed 60-
day effective date, all of these changes must be done before ATVs are 
imported and would apply to 2018 model year ATVs, which have already 
been designed and are under production, and may be awaiting shipment. 
SVIA contended that a 60-day effective date would also impose a 
financial burden on manufacturers, contrary to CPSC's statement that 
the proposed rule would not pose a significant impact on small 
manufacturers.
    Response: The Commission cannot set an effective date based on a 
model year for several reasons. First, effective dates for Commission 
rules are set by providing a calendar date based on the date of 
publication of a final rule. Second, manufacturers have varying 
schedules for manufacturing, importing, and distributing model years, 
making enforcement of a rule based on a model year more difficult. For 
enforcement purposes, and for clarity for consumers, the final rule 
provides an effective date that is a specific calendar date.
    Note that when the Commission amended the mandatory standard for 
ATVs in 2012, the seven major distributors of ATVs requested that the 
amended mandatory standard be effective for 2013 model year ATVs, or 
alternatively, 60 days after publication of the final rule.\1\ In the 
2012 rulemaking, CPSC responded that tying the effective date to a 
particular model year was problematic because vehicle model years do 
not begin and end on the same date for each company. Based on this 
previous experience, the Commission proposed a 60-day effective date 
for the final rule, believing that the revisions required to meet the 
revised standard were not substantial, and that such a date would 
correspond with planning for the 2019 model year. 82 FR 42962.
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    \1\ All-Terrain Vehicles: Final Rule Amending Consumer Product 
Safety Standard, dated February 8, 2012. Retrieved from: https://www.cpsc.gov/s3fs-public/pdfs/foia_atvfinal.pdf.
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    SVIA's comment on the current rulemaking, however, provides 
sufficient rationale to demonstrate why the proposed 60-day effective 
date is not suitable for all ATV manufacturers. Moreover, as explained 
above, the Commission's intention was to align the effective calendar 
date of the final rule with the introduction of model year 2019 ATVs to 
the U.S. market. SVIA's past comments indicate that planning for the 
2019 model year has been under way since March 2017, and that model 
year 2019 vehicles will be released in the 2018 calendar year.
    Based on SVIA's comments, the final rule establishes an effective 
date of January 1, 2019. A January 1, 2019 effective date will address 
staff's enforcement concerns, as well as provide manufacturers with 
sufficient time to make the changes SVIA states are needed so that all 
vehicles manufactured or imported after that date comply with the final 
rule.

[[Page 8338]]

B. Comments Regarding Data Presented in the NPR

    Comment: Several commenters stated that the data presented in the 
NPR are insufficient to support the final rule. One commenter stated 
that the Commission failed to base the proposed requirement for rear-
end lamps and reflectors on accurate or convincing statistics, noting: 
``Commission staff claims that this 13 incident-study provides proof 
that rear-end lamps would have prevented the pattern of rear-end 
collisions related to braking.'' Another commenter stated that the 
final rule should include additional evidence regarding the number of 
fatalities that result from rear-end collisions and the benefits that 
will accrue if manufacturers are required to install stop lamps on 
ATVs.
    Focusing on the sufficiency of the data, one commenter argued that 
CPSC may exceed its authority to promulgate a rule because the majority 
of ATVs already have stop lamps, which does not support the conclusion 
that a stop lamp requirement is reasonably related to the safe 
performance of ATVs. Similarly, another commenter concluded that the 
proposed rule lacked ``the factual or analytical basis'' to support a 
rule, and therefore, was ``arbitrary and capricious.''
    Response: Under section 42(b) of the CPSA, 15 U.S.C. 2089(b)(2), 
once notified by ANSI of a change to the voluntary standard for ATVs, 
the Commission is required to amend the consumer product safety 
standard for all-terrain vehicles to include any such revision that the 
Commission determines is reasonably related to the safe performance of 
all-terrain vehicles, and must notify ANSI of any provision the 
Commission determines not to be so related. This rulemaking follows the 
procedure required by the statute for the Commission to use when ANSI 
revises its voluntary standard. The Commission is not establishing its 
own consumer product safety standard under the requirements of sections 
7 and 9 of the CPSA.
    Regarding the data presented in the NPR, staff's analysis of the 
2007 study identified 13 rear-end collisions, and staff noted that 
eight of the 13 incidents ``illustrate the hazard of rear-end 
collisions related to braking.'' Staff did not, and does not, represent 
that anecdotal incidents constitute ``proof'' of the effectiveness of 
stop lamps.
    The information provided in the NPR explained CPSC staff's 
interactions with the voluntary standard organization, and provided 
context for why the Commission determined that the provisions in the 
voluntary standard are reasonably related to the safe performance of 
ATVs, which is the standard required by statute. Further, the National 
Highway Traffic Safety Administration (NHTSA) recognizes that 
conspicuity of a vehicle is related to the safety performance of 
vehicles in its Federal Motor Vehicle Safety Standards (FMVSS) for 
automobiles. Stop lamps and reflectors are specifically included in 
FMVSS 108 Lamps, reflective devices, and associated equipment and FMVSS 
500 Low-speed vehicles as safety equipment. SVIA also recognizes 
conspicuity to be related to the safe performance of ATVs, and in the 
Annex of ANSI/SVIA 1-2017, specifically states that ``conspicuity 
lights, tail lamps, and stop lamps can also be beneficial under certain 
riding conditions such as heavy brush, dusty or shaded trails, and 
similar low-light conditions'' and that ``reflex reflectors have been 
added for all categories of ATVs to aid in making ATVs more visible.''
    Based on the information described in the NPR and reviewed above, 
the Commission has no basis to conclude that the conspicuity changes to 
the ANSI standard are not reasonably related to the safe performance of 
ATVs. In the NPR, the Commission determined that increasing the 
conspicuity of an ATV helps an ATV to be seen by other vehicles in 
various lighting conditions. Accordingly, the Commission determined 
that voluntary standard provisions that increase ATV conspicuity are 
reasonably related to the safe performance of ATVs. By statute, the 
Commission is required to include such provisions in the mandatory 
consumer product safety standard.

C. Comments Regarding the Scope of the Stop-Lamp Requirement

    Comment: Two commenters stated that the final rule should clarify 
the scope of the proposed stop-lamp requirement and provide rationale 
if the requirement only applies to adult and transition category ATVs. 
One commenter stated that the requirement for stop-lamps should be for 
``all categories of ATVs.''
    Response: ANSI/SVIA 1-2017 requires stop lamps on all adult and 
transition ATVs, and on all youth ATVs equipped with a head lamp or 
conspicuity lamp. A youth ATV without any front lights does not require 
a stop lamp. By design, youth ATVs do not have the same speed and 
equipment capabilities as adult and transition ATVs. For example, not 
all youth ATVs are equipped with lights, nor do they have electrical 
systems that are robust enough to support front or rear lights. 
Accordingly, revisions to the voluntary standard require reflectors on 
all categories of ATVs, but the revisions only require stop lamps on 
youth ATVs when it is technically feasible to do so. This approach in 
the voluntary standard is a practical technical solution for increasing 
conspicuity of youth ATVs.
    The final consumer product safety standard for ATVs (16 CFR part 
1420) will require that ATVs comply with the applicable provisions of 
the 2017 revision of ANSI/SVIA, 1 American National Standard for Four 
Wheel All-Terrain Vehicles. Therefore, the mandatory standard for ATVs 
will require stop lamps on all adult and transition ATVs, and also 
require them on all youth ATVs equipped with a head lamp or conspicuity 
lamp.

D. Comment on the Burden Imposed by the Final Rule

    Comment: One commenter stated that the Commission did not 
adequately consider the burden on industry if the final rule is 
implemented, stating that the NPR ``disregards the fact that adopting 
these new standards will impose financial hardship on ATV 
manufacturers.'' This commenter suggested that, in lieu of the final 
rule, ``the Commission implement a mandatory licensing program that 
teaches ATV safety.''
    Response: The commenter provided no information or data for CPSC to 
evaluate regarding the alleged hardship to industry. SVIA stated that 
manufacturer planning for 2019 model year ATVs is under way and that 
manufacturers intend to meet the requirements of ANSI/SVIA 1-2017 for 
the 2019 model year. Other than the effective date issue discussed 
above, the Commission did not receive any comments from any ATV 
manufacturer or SVIA to support the contention that implementation of 
the final rule will impose a financial hardship. As discussed above, 
the final rule sets January 1, 2019 as the effective date to address 
SVIA's concern.
    Regarding the suggestion that the Commission establish a licensing 
and instruction program, such action is outside the jurisdiction of the 
CPSC's authority. The authority to implement any licensing requirements 
for ATV drivers rests with the states.

IV. Description of the Final Rule

    The final rule revises 16 CFR 1420.3(a), ``Requirements for four-
wheel ATVs'' to incorporate by reference the ANSI/SVIA 1-2017 standard, 
instead of the ANSI/SVIA 1-2010 version. ANSI/SVIA 1-2017 contains 
requirements and

[[Page 8339]]

test methods relating to ATVs, including vehicle equipment and 
configuration, vehicle speed capability, brake performance, pitch 
stability, electromagnetic compatibility, and sound level limits. 
Revisions incorporated into ANSI/SVIA 1-2017 are described in section 
II of this preamble.

V. Effective Date

    Section 42(b) of the CPSA provides a timetable for the Commission 
to 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 the statute 
does not set an effective date. The Commission proposed in the NPR that 
the final rule would take effect 60 days after publication of a final 
rule in the Federal Register, and it would apply to ATVs manufactured 
or imported on or after that date. However, based on the SVIA's 
objection to a 60-day effective date, as discussed above in section 
III.A, the effective date for this final rule is January 1, 2019. 
Accordingly, all ATVs manufactured or imported on or after January 1, 
2019, must comply with the final rule.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies review a proposed rule for the rule's potential economic 
impact on small entities, including small businesses. The NPR explained 
that the most significant changes to the voluntary standard involved 
requirements for brake-actuated stop lamps and reflectors, and that 
CPSC's analysis demonstrated that the majority of ATVs already comply 
with these requirements. Consequently, the Commission anticipated that 
the cost of the changes required to bring ATVs that do not comply into 
compliance with the rule would be very low on a per-unit basis. The 
Commission certified that the rule would not have a significant impact 
on a substantial number of small entities. 82 FR at 42962.
    As discussed in section III.A of this preamble, the Commission 
received a comment from the SVIA stating that the proposed 60-day 
effective date could change the financial impact of the rule. In 
response, the Commission will provide additional time to comply with 
the final rule, setting January 1, 2019 as the effective date. 
Affording a later effective date should provide manufacturers 
sufficient time to incorporate any necessary changes during the normal 
planning and design of new model year ATVs. Accordingly, based on 
staff's assessment using January 1, 2019 as the effective date, the 
Commission certifies that the final rule is unlikely to have a 
significant impact on a substantial number of small entities.

VII. Paperwork Reduction Act

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

VIII. Environmental Considerations

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

IX. Incorporation by Reference

    Section 1420.3 of the final rule provides that ATVs must comply 
with ANSI/SVIA 1-2017. The OFR has regulations concerning incorporation 
by reference. 1 CFR part 51. These regulations require that, for a 
final rule, agencies must discuss in the preamble to the rule the way 
in which materials that the agency incorporates by reference are 
reasonably available to interested persons, and how interested parties 
can obtain the materials. Additionally, the preamble to the rule must 
summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, the discussion in 
sections II, III, and IV of this preamble summarize the provisions of 
ANSI/SVIA 1-2017. ANSI/SVIA 1-2017 is copyrighted. Interested persons 
may purchase a copy of ANSI/SVIA 1-2017 from Specialty Vehicle 
Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618-3806; 
telephone: 949-727-3727 ext. 3023; www.svia.org. One may also inspect a 
copy at CPSC's Office of the Secretary, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, 
telephone: 301-504-7923.

X. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a 
consumer product safety standard is in effect and applies to a product, 
no state or political subdivision of a state may either establish or 
continue in effect a standard or regulation that prescribes 
requirements for the performance, composition, contents, design, 
finish, construction, packaging, or labeling of such product dealing 
with the same risk of injury unless the state requirement is identical 
to the federal standard. Section 26(c) of the CPSA also provides that 
states or political subdivisions of states may apply to the Commission 
for an exemption from this preemption under certain circumstances. 
Section 42(a)(1) of the CPSA refers to rules issued under that section 
as ``consumer product safety standards.'' Therefore, the preemption 
provision of section 26(a) of the CPSA applies to this final rule.

XI. Notice of Requirements

    The CPSA establishes certain requirements for product certification 
and testing. Certification of children's products subject to a 
children's product safety rule must be based on testing conducted by a 
CPSC-accepted third-party conformity assessment body. 15 U.S.C. 
2063(a)(2). The Commission is required to publish a notice of 
requirements (NOR) for the accreditation of third-party conformity 
assessment bodies to assess conformity with a children's product safety 
rule to which a children's product is subject. Id. 2063(a)(3). On 
August 27, 2010, the Commission published an NOR 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 2017 revision to the ATV standard does not substantially 
alter third party conformance testing requirements for ATVs designed or 
intended primarily for children 12 years of age or younger. 
Accordingly, the NOR for third-party testing of youth ATVs remains 
unchanged. The Commission considers the existing accreditations that 
the Commission has accepted for testing to the ATV standard to also 
cover testing to the revised 2017 ATV standard.

List of Subjects in 16 CFR Part 1420

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Information, 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. Law 110-314, Sec.  232, 122 Stat. 3016 (August 14, 2008).

[[Page 8340]]

Sec.  1420.1  [Amended]

0
2. In the second sentence of Sec.  1420.1, remove the words, ``April 
30, 2012'', and add in their place ``January 1, 2019''.

0
3. Revise Sec.  1420.3(a) 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 (ANSI/
SVIA 1-2017), ANSI-approved on June 8, 2017. 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 
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: www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2018-03904 Filed 2-26-18; 8:45 am]
BILLING CODE 6355-01-P