Amendment to Standard for All-Terrain Vehicles; Notice of Proposed Rulemaking |
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Alberta E. Mills
Consumer Product Safety Commission
13 September 2017
[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Proposed Rules]
[Pages 42960-42963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19341]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1420
[CPSC Docket No. 2017-0032]
Amendment to Standard for All-Terrain Vehicles; Notice of
Proposed Rulemaking
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: 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 Equipment Configuration, and Performance Requirements,
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 CPSIA, CPSC proposes to amend the
Commission's mandatory ATV standard to reference the 2017 edition of
the ANSI/SVIA standard.
DATES: Submit comments by November 27, 2017.
ADDRESSES: Comments related to the proposed rule, identified by Docket
No. CPSC-2017-0032, may be submitted electronically or in writing:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: http://www.regulations.gov. Follow the
instructions for submitting comments. The Commission does not accept
comments submitted by email, except through www.regulations.gov. The
Commission encourages you to submit electronic comments by using the
[[Page 42961]]
Federal eRulemaking Portal, as described above.
Written Submissions: Submit written submissions by mail/hand
delivery/courier to: Office of the Secretary, 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 proposed rulemaking. All comments received
may be posted without change, including any personal identifiers,
contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
that you do not want to be available to the public. 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, and insert the
docket number, CPSC-2017-0032, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Caroleene Paul, Project Manager,
Directorate for Engineering Sciences, U.S. Consumer Product Safety
Commission, 5 Research Place, Rockville, MD 20850; telephone: (301)
987-2225; email: cpaul@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Authority
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), as added by section 232 of the CPSIA.
Accordingly, on November 14, 2008, CPSC published a final rule
mandating ANSI/SVIA 1-2007 as a consumer product safety standard. 73 FR
67385. The final rule was codified at 16 CFR part 1420. The Commission
has revised the mandatory standard once in accordance with the revision
procedures set out in the CPSIA. On February 29, 2012, the Commission
published a final rule that amended the Commission's ATV standard to
reference the 2010 edition of the ANSI/SVIA standard. 77 FR 12197. On
June 14, 2017, ANSI notified the Commission that the 2010 edition of
the ANSI/SVIA standard had been revised, and that the new standard,
ANSI/SVIA 1-2017, was approved on June 8, 2017.
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.
II. Evaluation of ANSI/SVIA 1-2017
ANSI/SVIA 1-2017 contains requirements and test methods relating to
ATVs, including vehicle equipment and configuration, vehicle speed
capability, brake performance, pitch stability, electromagnetic
compatibility, and sound level limits. The Commission reviewed the 2017
edition of the ANSI/SVIA standard and compared it with the 2010
edition, which is currently the mandated consumer product safety
standard for ATVs. The Commission considers the following revisions to
be material changes:
[ssquf] Requirements for stop lamps or combination tail-stop lamps
on all categories of ATVs;
[ssquf] Requirements for reflectors for all categories of ATVs.
The standard provides that it will take effect ``beginning with
2019 model year vehicles.'' As explained below, the Commission believes
that these revisions are reasonably related to the safe performance of
ATVs.
A. Stop Lamps and Reflectors
ANSI/SVIA 1-2017 Section 4.17, Lighting & Reflective Equipment,
states that all ATVs shall be equipped with lighting and reflective
devices.
1. Stop Lamps
ANSI/SVIA 1-2017 requires stop lamps or combination tail-stop lamps
on all adult and transition category ATVs. In May 2015, CPSC requested
that SVIA consider adding requirements relating to stop lamps to
increase the detectability of ATVs. CPSC staff reviewed 1 year (2007)
of ATV-related fatality data involving two ATVs colliding, and
identified 13 rear-end collisions. Of the 13 incidents, eight involved
a leading ATV slowing or stopping and a following ATV colliding with
the leading vehicle. Although this is only a preliminary analysis, the
data illustrate a hazard pattern of rear-end collisions related to
braking. CPSC staff subsequently worked with SVIA to develop the stop
lamp requirements contained in ANSI/SVIA 1-2017. The Commission
believes that adding stop lamp requirements in ANSI/SVIA 1-2017
improves the optional provision in the 2010 edition of the voluntary
standard, and that this addition may 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. 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.
Reflector use may increase the detectability of ATVs. CPSC staff's
preliminary review of 331 fatal ATV-related vehicular collision
incidents found that more than 30 percent of these incidents occurred
at night and an additional 5 percent occurred in low light (i.e.,
dusk). 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.
Because fatalities occur when ATVs cross public roads between
fields or trails, CPSC believes that the requirement for side
reflectors is crucial to any new efforts to increase vehicle
visibility. The Commission believes that the ANSI/SVIA 1-2017 reflector
requirements improve the 2010 edition of the voluntary standard (which
lacked a reflector requirement), and that requirements for reflectors
to increase the visibility of an ATV at night may reduce vehicular
collisions related to non-detection of other vehicles.
[[Page 42962]]
III. Effective Date
The CPSIA 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 it does not set an effective
date. Since issuing the ATV standard in 2009, the Commission has
revised it once, in accordance with the revision procedures set out in
the CPSIA. Based on comments to the NPR from several ATV companies, the
final rule amending the Commission's ATV standard to reference the 2010
edition of the ANSI/SVIA standard provided for an effective date of 60
days from publication of the final rule.
Data from CPSC's ATV Special Study show that 97 percent of
consumers who reported that their vehicle had a tail lamp, also claimed
that the vehicle had a stop lamp. This suggests that adding stop lamps
to ATVs to meet the new ANSI/SVIA 1-2017 requirements will require
minimal changes to current production. Additionally, reflectors are a
low-technology product that can be obtained in bulk as sheets or rolls
of tape. Attaching reflectors in the correct positions on ATVs does not
require test and evaluation effort. This suggests that adding
reflectors to ATVs to meet the new ANSI/SVIA 1-2017 requirements will
require minimal design and labor changes. CPSC believes that the
revisions to the 2010 edition of the voluntary standard will not
require significant vehicle design and testing, and that a 60-day
effective date for this proposed rule will allow companies sufficient
time to update their certification labels. Thus, the Commission
proposes that the 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.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires that agencies review
a proposed rule for the rule's potential economic impact on small
entities, including small businesses. Section 603 of the RFA generally
requires that agencies prepare an initial regulatory flexibility
analysis (IRFA) and make the analysis available to the public for
comment when the agency publishes an NPR. 5 U.S.C. 603. Section 605 of
the RFA provides that an IRFA is not required if the agency certifies
that the rule, if promulgated, will not have a significant economic
impact on a substantial number of small entities. As explained in this
section, the Commission certifies that ANSI/SVIA standard, if
promulgated as a final rule, will not have a significant economic
impact on a substantial number of small entities. 5 U.S.C. 605(b).
The proposed rule would revise the mandatory ATV standard to
incorporate the revisions in the 2017 edition of the ANSI/SVIA
standard. The most significant changes involve requirements for brake-
actuated stop lamps and reflectors. CSPC believes that the vast
majority of ATVs already comply with these requirements. Consequently,
the Commission anticipates that the cost of the changes required to
bring ATVs that do not comply into compliance with the rule will be
very low on a per-unit basis. Furthermore, other changes to the
standard either increase the options for manufacturers in designing and
equipping their vehicles, or are minor changes that clarify--but do not
change--the standard's requirement. For these reasons, the Commission
certifies that the proposed rule will not have a significant impact on
a substantial number of small entities.
V. The Proposed Rule
The proposed rule would revise Sec. 1420.3, ``Requirements for
four-wheel ATVs.'' The current rule refers to the ANSI/SVIA 1-2010
standard; the proposed rule would replace this reference with the ANSI/
SVIA 1-2017 edition of the standard.
VI. Paperwork Reduction Act
This proposed 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.
VII. 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 proposed amendment falls within the categorical
exemption.
VIII. Incorporation by Reference
The Commission proposes to incorporate by reference ANSI/SVIA 1-
2017. The Office of the Federal Register (OFR) has regulations
concerning incorporation by reference. 1 CFR part 51. For a proposed
rule, agencies must discuss in the preamble to the NPR ways that the
materials the agency proposes to incorporate by reference are
reasonably available to interested persons or how the agency worked to
make the materials reasonably available. In addition, the preamble to
the proposed rule must summarize the material. 1 CFR 51.5(a).
In accordance with the OFR's requirements, section II of this
preamble summarizes the provisions of ANSI/SVIA 1-2017 that the
Commission proposes to incorporate by reference. 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.
IX. 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 232(a)(1) of the CPSIA refers to the rules to be issued under
that section as ``consumer product safety standards.'' Therefore, the
preemption provision of section 26(a) of the CPSA would apply to a rule
issued under section 232 of the CPSIA.
X. 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
[[Page 42963]]
assessment bodies for testing ATVs designed or intended primarily for
children 12 years of age or younger. 75 FR 52616. Because the revisions
to the 2010 edition of the ANSI/SVIA standard would not substantially
alter third-party conformance testing requirements for ATVs designed or
intended primarily for children 12 years of age or younger, the current
NOR for third-party testing of youth ATVs will remain unchanged. Thus,
the Commission considers the existing accreditations that the
Commission has accepted for testing to the ATV standard also cover
testing to the revised ATV standard.
XI. Request for Comments
This NPR begins a rulemaking proceeding under section 232 of the
CPSIA to amend the Commission's mandatory ATV standard to reference the
2017 edition of the ANSI/SVIA standard. We invite all interested
persons to submit comments on any aspect of this proposal. During the
comment period, ANSI/SVIA 1-2017, American National Standard for Four-
Wheel All-Terrain Vehicles Equipment Configuration, and Performance
Requirements, is available for inspection at the 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. Comments
should be submitted in accordance with the instructions in the
ADDRESSES section at the beginning of this notice.
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 proposes to
amend Title 16 of the Code of Federal Regulations, 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).
0
2. In the second sentence of Sec. 1420.1, remove the words, ``April
30, 2012,'' and add in their place ``(date 60 days after publication of
a final rule in the Federal Register).''
0
3. Revise Sec. 1420.3 to read as follows:
Sec. 1420.3 Requirements for four-wheel ATVs.
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 1-2017),
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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2017-19341 Filed 9-12-17; 8:45 am]
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