Request for Information Regarding Passenger Use of ATVs |
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Todd A. Stevenson
Consumer Product Safety Commission
September 23, 2014
[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56777-56779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22556]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2012-0048]
Request for Information Regarding Passenger Use of ATVs
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
issuing a notice seeking information from the public on the prevalence
of carrying passengers on all-terrain vehicles (ATVs) and the
feasibility of a performance requirement that would prevent passengers
from being carried on ATVs.
DATES: Written comments must be submitted by November 24, 2014.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2012-
0048 by any of the following methods:
Electronic Submissions: Submit electronic comments in the following
way:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. To ensure timely processing of
comments, the Commission is no longer accepting comments submitted by
electronic mail (email) except through http://www.regulations.gov.
Written Submissions: Submit written submissions in the following
way:
Mail/Hand delivery/Courier (for paper, disk, or CD-ROM submissions)
preferably in five copies, to: Office of the Secretary, U.S. Consumer
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda,
MD 20814; telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received may be posted
without change to http://www.regulations.gov, including any personal
information provided. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
(such as a Social Security Number) electronically; if furnished at all,
such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Hope Nesteruk, Project Manager,
Directorate for Engineering Sciences, U.S. Consumer Product Safety
Commission, National Product Testing and Evaluation Center, 5 Research
Place, Rockville, MD 20850, 301-987-2579; email: hnesteruk@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Since the 1980s, the CPSC has addressed ATV safety through various
activities, including rulemaking, recalls, consumer education, media
outreach following fatal incidents, and litigation. Despite these
activities, ATV-related fatalities continue to be one of the largest
categories of consumer product-related deaths. ATV safety, therefore,
remains an ongoing Commission concern. Most recently, to assess the
impact of passenger use of ATVs, the Commission Fiscal Year 2014
Operating Plan tasked CPSC staff with ``assessing the inclusion of a
performance standard related to preventing passengers on ATVs'' in the
Commission's open rulemaking on ATVs. Accordingly, this request for
information (RFI) seeks information from stakeholders related to
passenger use of ATVs. CPSC staff will use information gathered from
this RFI to assist in developing recommended courses of action for
Commission consideration as to whether a performance requirement to
prevent passenger use of ATVs is appropriate. Interested parties may
provide information on the prevalence of passenger use and the reasons
why passengers ride on ATVs; potential means of preventing passengers
from being carried on ATVs not intended for that purpose; and potential
impacts of these requirements on the utility of ATVs. Interested
parties also may provide information on possible changes to ATV design
that may prevent passenger use, and information on whether these
changes could be translated into a performance standard.
II. Background
A. ATV-Related Activities Since 2006
In October 2005, the Commission published in the Federal Register
an advance notice of proposed rulemaking (ANPR) for ATVs under the
Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances
Act (FHSA). Subsequently, in August 2006, the Commission issued a
notice of proposed rulemaking (NPR) that proposed:
Informational and training requirements for four-wheeled,
adult, single-rider and tandem ATVs;
Technical performance requirements for four-wheeled,
adult, single-rider and tandem ATVs;
Technical requirements for four-wheeled, youth ATVs; and
A ban of three-wheeled ATVs.
The 2006 NPR also directed staff to address eight questions concerning
youth ATVs and four questions concerning ATVs generally.
Since the 2006 NPR on ATVs was issued, the U.S. Congress, the
Commission, and the Specialty Vehicle Institute of America (SVIA), have
all been actively involved in ATV safety efforts. For example, SVIA
revised the voluntary standard twice, and CPSC staff conducted research
and completed studies to respond to the Commission's questions in the
NPR. Most significantly, Congress passed the Consumer Product Safety
Improvement Act of 2008 (CPSIA) in August 2008. Among other things,
section 232 of the CPSIA:
Required the Commission to make mandatory the voluntary
standard for ATVs, the American National Standard for Four Wheel All-
Terrain Vehicles Equipment Configuration, and Performance Requirements,
developed by the SVIA (ANSI/SVIA-1-2007);
Made it unlawful for a manufacturer or distributor to
import or distribute an ATV that did not comply with the mandated ATV
standard and with action plans required by the CPSIA;
Banned three-wheel ATVs until a mandatory standard is
promulgated; and
Required the Commission to issue a final rule on ATVs
stemming from the 2006 NPR.
The Commission adopted the voluntary standard as a mandatory standard
in a final rule on ATVs in the Federal Register on November 14, 2008
(73 FR 67385). The Commission's ATV regulation is codified at 16 CFR
part 1420 (part 1420) and became effective on April 13, 2009.
In 2011, Congress directed \1\ the Commission to issue a final rule
by August 12, 2012, stemming from the 2006 NPR. However, six years had
passed since the NPR. Furthermore,
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many of the proposed requirements in the 2006 NPR were addressed by the
combination of part 1420 and mandatory action plans. Taken together,
these requirements addressed, in part or in whole, the majority of the
safety measures that the Commission proposed in the 2006 NPR. Thus, the
Commission voted to host an ATV Safety Summit to ``provide stakeholders
an opportunity to present their views on the outstanding issues''
related to ATV safety, in addition to providing a forum for
stakeholders to discuss new innovations in ATV safety. The Commission
held the ATV Safety Summit on October 11 and 12, 2012, and accepted
comments through November 14, 2012. A summary of these comments is
available on CPSC's Web site.\2\
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\1\ Section 9 of Public Law 112-28 (August 12, 2011).
\2\ http://cpsc.gov/PageFiles/26/Regulations,%20Laws%20Standards/Rulemaking/ATVs/Final%20ReportATVSafetySummitfinal.pdf.
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Most recently, the Commission's Fiscal Year 2014 Operating Plan
directed staff to perform six activities, as resources permit, in
preparation for a draft NPR on ATVs. The six activities:
1. Consulting with the National Highway Traffic Safety
Administration regarding the categorization of youth ATVs, as well as
the establishment of additional safety standards for ATVs.
2. Assessing the inclusion in the NPR of a performance standard
related to preventing passengers on ATVs.
3. Contracting for further testing of a child-resistant ATV
ignition prototype device.
4. Conducting a literature review and develop a testing strategy to
evaluate steering and stability issues related to ATVs.
5. Conducting a literature review and analysis regarding roll-over
protection systems for ATVs.
6. Conducting an ATV off-road exposure survey (the first year of a
3-year effort).
CPSC staff now seeks input from stakeholders related to item 2.
Specifically, staff seeks information on the prevalence of passengers
riding on ATVs and the feasibility of establishing a performance
requirement that would prevent or reduce the likelihood of passengers
riding on an ATV. For example, a performance requirement could prevent
an ATV from being able to carry a passenger on a seat or cargo rack.
Note, however, that any law or regulation aimed at changing consumer
use of ATVs, such as a law to prohibit ATV use by passengers, would
need to be addressed at the state level.
B. CPSC Staff Activities Related to ATV Passenger Use ATV-Related
Activities Since 2006
In the 2014 fiscal year, CPSC staff conducted a pilot study
analyzing several characteristics of passenger-involved fatality
incidents for presentation to the Commission. By analyzing ATV fatality
data, staff's pilot study was intended to determine: (1) If specific
passenger locations on the ATV are associated with more fatal
incidents; and (2) if and how passengers affect ATV-related fatal
incidents. The pilot study was intended to assist the Commission in
deciding whether to devote additional resources to the development of a
performance standard for passenger use of ATVs.
To date, CPSC staff's review of incident reports and other studies
demonstrates that passengers ride in various locations on the ATV,
e.g., cargo rack and seat, and in front of and behind the operator.
CPSC staff's special study on ATV-related deaths and emergency
department-treated injuries \3\ shows that passengers comprise about 25
percent of injured victims. From 2005 through 2007, about 25 percent of
fatalities involved ATVs with multiple riders; however, a passenger was
the victim in slightly less than half of those fatalities with multiple
riders, meaning that about 10 percent of fatalities are to a passenger
of an ATV. In addition, the recent pilot study of ATV-related
fatalities \4\ found that of 502 reported incidents with more than one
rider on the ATV, more than 80 percent involved two riders: a driver
and a passenger. Of those, about half involved both riders on the seat
of the ATV,\5\ and the driver was more likely to be fatally injured
than the passenger. Around 10 percent of passenger-related fatal
incidents involved more than two riders (i.e., a driver and two or more
passengers). When two or more passengers were involved, a passenger was
more likely to be fatally injured.
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\3\ http://www.cpsc.gov//Global/Research-and-Statistics/Injury-Statistics/Sports-and-Recreation/ATVs/ATVSpecialStudyReport.pdf.
\4\ http://www.cpsc.gov//Global/Research-and-Statistics/Injury-Statistics/Sports-and-Recreation/ATVs/ATVPassengerPilotStudyReport.pdf.
\5\ A large number of reported incidents did not have enough
information available to determine exactly where the passenger was
in relation to the driver.
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III. Information Requested
This RFI is intended to supplement staff's pilot study to gather
information from the public on the prevalence of carrying passengers on
ATVs and the feasibility of a performance requirement that would
prevent passengers from being carried on ATVs. CPSC staff's data
analysis can only quantify passenger location in fatal incidents.
Staff's data do not provide information on passenger location during
normal, non-incident use. In addition, CPSC data contain little
information about aftermarket use of passenger seats or information
about the need of ATV drivers to carry passengers. Accordingly, CPSC
staff seeks data and information concerning three main topic areas: (1)
The prevalence of passengers riding ATVs; (2) the purchase and use of
aftermarket seats; and (3) the feasibility of a performance standard
that would reduce or eliminate carrying passengers on ATVs. Commenters
are encouraged to answer as few or as many of the following questions
as they wish.
A. Prevalence of Passenger Riding
What, if any, data are available regarding the location of
ATV passengers when riding? That is, where are passengers sitting or
standing when riding ATVs? CPSC's data are limited to information
related to injury and fatality incidents but does not provide
information regarding ATV use when an incident does not occur.
What, if any, data are available regarding the frequency
and duration of passengers riding on ATVs that are not intended to
carry more than one rider? Is the frequency and duration of passengers
riding on ATVs associated with the type of ATV use, e.g., trail riding,
versus utility use, versus hunting use? What, if any, data are
available regarding the frequency and duration of drivers alone riding
on ATVs that are not intended to carry more than one rider?
What, if any, data are available regarding why ATV drivers
carry passengers and the reasons passengers ride ATVs?
What, if any, data are available regarding user demand for
two-rider ATVs, also called Tandem, 2-Up, or Type II ATVs?
Other than the data from CPSC sources, (e.g., reports and
databases), what, if any, data are available regarding injury or risk
of injury associated with passenger use of ATVs on single-rider versus
tandem ATVs? This includes, but is not limited to, data about the
mechanism of driver and passenger injuries, the disposition of drivers
and passengers, interactions between the driver and passenger in
incidents, weight of driver and passengers, helmet use of drivers and
passengers, age/gender of the driver and passengers, and sequence of
events in incidents with passengers.
[[Page 56779]]
B. Aftermarket Seats
Aftermarket seats generally attach to cargo racks and are generally
marketed as being intended for use when the ATV is not moving.
What, if any, data are available regarding use of
aftermarket seats by passengers when the ATV is moving?
What, if any, data are available regarding injury or risk
of injury associated with the use of aftermarket seats?
C. Feasibility
Can design modifications be made to ATVs to prevent
passengers?
If design modifications are feasible, please describe
possible design changes that could prevent passengers. How could such
modifications affect the usability or utility of the ATV? Although CPSC
cannot mandate a specific design, information regarding proof-of-
concept designs can inform decision making regarding the feasibility of
a performance requirement.
Would it be feasible to establish a performance standard
that would prevent consumers from carrying passengers or installing
aftermarket seats capable of carrying passengers without significantly
adversely affecting the usability or utility of the ATV for purposes
other than carrying passengers?
How would a performance requirement to prevent passenger
use of ATVs affect two-rider ATVs, also called Tandem, 2-Up, or Type II
ATVs? Should such a requirement apply to two-rider ATVs?
Dated: September 18, 2014.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2014-22556 Filed 9-22-14; 8:45 am]
BILLING CODE 6355-01-P