All-Terrain Vehicles |
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Alberta E. Mills
Consumer Product Safety Commission
27 February 2018
[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: jjirgl@cpsc.gov.
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]
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