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Standard for All-Terrain Vehicles Publication: Federal Register Agency: Consumer Product Safety Commission Byline: Alberta E. Mills Date: 27 July 2022 Subjects: American Government  , Safety
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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48398-48406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15478]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1420
[CPSC Docket No. 2017-0032]
Standard for All-Terrain Vehicles
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. Since then, the Commission has revised this
mandatory standard twice in accordance with the revision procedures set
out in the CPSIA. ANSI/SVIA has again revised its standard. In
accordance with CPSIA, CPSC proposes to amend the Commission's
mandatory ATV standard to reference the 2023 edition of the ANSI/SVIA
standard.
DATES: Submit comments by September 25, 2023.
ADDRESSES: Comments related to the Paperwork Reduction Act aspects of
the proposed rule's information collection requirements should be
directed to the Office of Information and Regulatory Affairs, OMB,
Attn: CPSC Desk Officer, FAX: 202-395-6974, or emailed to:
oira_submission@omb.eop.gov. In addition, written comments that are
sent to OMB also should be submitted electronically at
www.regulations.gov, under Docket No. CPSC-2017-0032.
Comments related to the proposed rule, identified by Docket No.
CPSC-2017-0032, may be submitted electronically or in writing by any of
the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at http://www.regulations.gov. Follow the
instructions for submitting comments. Do not submit through this
website: confidential business information, trade secret information,
or other sensitive or protected information that you do not want to be
available to the public. CPSC typically does not accept comments
submitted by email, except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, or courier to: Office of the Secretary, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479.
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided to www.regulations.gov. If you wish to submit
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: cpsc-os@cpsc.gov.
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: Han Lim, Project Manager, Directorate
for Engineering Sciences, U.S. Consumer Product Safety Commission, 5
Research Place, Rockville, MD 20850; telephone: (301) 987-2327; email:
HLiml@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Authority
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 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 twice in
accordance with the revision procedures set out in CPSIA and
incorporated into section 42 of the Consumer Product Safety Act, 15
U.S.C. 2089(b). 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. Then on February 27,
2018, the Commission published a final rule that amended the mandatory
ATV standard to reference the 2017 edition of the ANSI/SVIA standard.
83 FR 8336. On March 21, 2023, ANSI notified the Commission that the
2017 edition of the ANSI/SVIA standard had been revised.
Section 42(b) of the CPSA provides that, if ANSI/SVIA 1-2007 is
revised, ANSI must notify the Commission of the revision. 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 rule to
revise the ATV standard. Id.
II. Evaluation of ANSI/SVIA 1-2023
ANSI/SVIA 1-2023 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 staff memorandum at Tab A of
the July XX, 2023 Staff Briefing Package: Notice of Proposed Rulemaking
(NPR) to Amend the All-Terrain Vehicle (ATV) Standard (Staff's NPR
Briefing Package) \1\ reviews in detail the changes from the 2017
edition of the ANSI/SVIA standard, which is currently the mandated
consumer product safety standard for ATVs, to the 2023 edition. The
following revisions are particularly significant:
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\1\ Available at https://www.cpsc.gov/s3fs-public/Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Notice-of-Proposed-Rulemaking.pdf?VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB.
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[ssquf] Requirements for hot surfaces;
[ssquf] Requirements for fuel system components;
[[Page 48399]]
[ssquf] Removal of the maximum recommended tire pressure of 69 kPa
(10 psi); and
[ssquf] Requirement of an effective date ``beginning with 2026
model year vehicles'' within the scope of the standard;
[ssquf] Removal of requirement that paper user manuals be provided
with all ATVs.
A. Hot Surfaces Requirements
ANSI/SVIA 1-2023 Section 12.1, Touch Points, specifies performance
requirements that limit maximum surface temperatures for various touch
points that, if too hot, may harm vehicle occupants. Without the proper
surface temperature limits on ATV surfaces, consumers may experience
contact burns. In addition, excessive exhaust temperatures can melt
nearby combustible plastic components, which may pose a risk of fire.
ANSI/SVIA 1-2023 sets out performance tests to evaluate whether
surface temperatures for various touch points are within specified
limits. In September 2018, CPSC recommended that SVIA add requirements
to address burn hazards to users of ATVs. CPSC staff subsequently
worked with SVIA to develop standards for maximum surface temperatures
on ATVs to address the risk of burns associated with ATVs. The
Commission preliminarily concludes that testing the temperature of
specified ATV touch points as provided by ANSI-SVIA 1-2023 is
reasonably related to the safe performance of ATVs.
B. Fuel System Requirements
The 2017 edition of the ANSI/SVIA standard does not contain
performance requirements to address fire hazards from fuel leaks. ANSI/
SVIA 1-2023 adds multiple performance requirements to mitigate the risk
of fuel leaks and fire hazards. These performance requirements apply to
various aspects of an ATV's fuel system that may contribute to fire
hazards.
Most of the requirements are based on other similar standards that
each address different aspects of the fuel system. For example, the
fuel hose tensile test is similar to the test procedure from ANSI/OPEI
B71.10-2018 Standard for Off-Road Ground-Supported Outdoor Power
Equipment--Gasoline Fuel Systems--Safety Specifications. There are two
options to test for fuel tank structural integrity. One of these
options to evaluate the structural integrity of the fuel tank for
resistance to impact forces is based on the SAE J288 standard for
snowmobile fuel tanks. The other option is to follow the SVIA-1 test
method involving striking the tank with a metal sphere. The SVIA-1
committee adapted various fuel system component requirements from other
standards to be applicable to ATVs.
These fuel system performance requirements are organized into four
general categories:
Fuel Tank Structural Integrity
Section 13.3 Fuel Tank Immersion Leak Test
Section 13.5 Fuel Tank Cyclic Pressure Integrity Test
Section 13.6 Fuel Soak Test for Plastic Tanks and Assemblies
With Grommets and Seals
Sections 13.8 and 13.15 Fuel Tank Leak Mitigation from
Rollover or Tip over
Fuel Hoses
13.9 Fuel Line Integrity
13.10 Fuel Line Connection Tensile Test
Fuel Filter and Shut-Off Valve
Section 13.4 Fuel Filter and Shut-off Valve Immersion Test
Elastomeric Component Durability
Section 13.11 Elastomeric exposure to fuel
Section 13.12 Ozone resistance
Section 13.13 UV resistance
Section 13.14 Corrosion resistance
CPSC staff is aware of three fuel tank recalls, two fuel hose
recalls, and one fuel filter-related recall associated with ATVs.\2\ A
fuel leak occurs when there is a breach in the fuel system. A fuel
breach can originate from multiple locations, such as the fuel hose to
nozzle connections, fuel tank seam split or crack, cracked fuel filter,
cracked fuel hose, etc. A fuel leak from any of the above components
near a hot engine and/or exhaust components can increase the risk of
fire.
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\2\ Voluntary Standards Meeting with Recreational Off-Highway
Institute (ROHVA), Specialty Vehicle Institute of America (SVIA),
and Outdoor Power Equipment Institute (OPEI) to discuss Off-Highway
Vehicle Fire and Debris Penetration Hazards, September 19, 2018.
Weblink to Meeting Log: https://www.cpsc.gov/s3fs-public/2018-09-19
Voluntary Standards Meeting on Off-Highway
Vehicles.pdf?GhlbD87TF1W8m6F9B10g2CpZTCNzSrjP. See pages 8 through
10 for the fuel-related recalls.
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Section 13 contains test requirements that are (a) one-time design
qualification tests and (b) tests that are required of every fuel
system for new production ATVs. Most of the requirements are one-time
design qualification tests. The one-time qualification test requires
manufacturers to conduct a single test that proves the design of a
subsystem component such as the fuel tank meets all the applicable
requirements. The water immersion leak test is required for all fuel
tank units that will be installed on a manufacturer's ATV production
line. Appendix A of the Staff's NPR Briefing Package lists all the
tests contained in Section 13 and distinguishes which tests are one-
time design qualification type of tests and which tests are required
for every ATV.
Section 13.3 is a leak test that requires every ATV fuel tank to be
tested for leaks. The production fuel tank, fitted with all the fuel
system components, is pressurized with compressed air and then
submerged in water. Failures are detected by visual inspection of
bubbles. This leak test is repeated during the course of various other
tests after subjecting the fuel tank and/or fuel tank components to
impact loading, pressure cycling, and elevated temperature conditioning
to ensure no stress cracks or fuel tank breaches result from those
three physical tests. Section 13.4 provides leak tests for individual
components such as fuel filters and fuel shut-off valves that are
similar to the leak tests Section 13.3 establishes for fuel tanks.
Section 13.4 sets out a water immersion test to ensure these components
are leak-free. CPSC staff has advised the Commission that these
performance tests to detect leaks from fuel tanks, fuel filters, and
fuel shut-off valves are effective in mitigating the risk of fuel leaks
and can reduce the risk of fire hazards.
Fuel tanks are subjected to pressure cycling due to the varying
amounts of fuel in the tank and changing temperatures. To simulate the
effects of pressure cycling, a performance test described in section
13.5 (Fuel Tank Cyclic Pressure Integrity Test) applies a cyclic air
pressure up to 4 psi for 10,000 cycles. This is a one-time design
qualification test. Upon completion of the 10,000 pressure cycles, a
leak test per the section 13.3 test procedure is conducted. CPSC staff
assesses that the test procedure described in section 13.5 adequately
evaluates the structural integrity of ATV fuel tanks when subjected to
the repeated, fatigue type of pressure test.
The elevated temperature test set out in Section 13.6 evaluates
structural damage that may occur when a fuel tank is subjected to
elevated temperature scenarios. This performance test requires a sample
fuel tank filled with gasoline to be kept in a test chamber at a
constant elevated temperature of 60 [deg]C (140 [deg]F) for 480 hours.
This requirement would detect stress cracks, seam splits, or other
structural damage that can cause fuel to leak. At the conclusion of
this 480-hour high temperature
[[Page 48400]]
exposure test, the test sample fuel tank is emptied and then subjected
to the Section 13.3 leak test to ensure no stress cracks form during
the long period of elevated temperature. CPSC staff assesses that this
performance test is effective in evaluating the structural integrity of
ATV fuel tanks when subjected to extended elevated temperature
environments. The Commission preliminarily concludes that this
performance test is reasonably related to the safe performance of ATVs.
In a vehicle fuel system, components such as fuel pumps, shutoff
valves, and fuel filters are joined with multilayered rubber hoses that
may be connected in various ways such as barbed friction fittings, hose
clamps, or quick snap-on connect mechanisms. Sections 13.9 and 13.10
contain tensile test requirements to ensure hose connections do not
leak. Sample hose connections are subjected to a 30 lb tensile (pull)
force to ensure fuel hoses do not slip off. Staff assesses that these
performance tests are effective in mitigating the risk of fuel hoses
slipping off and therefore this testing reduces the risk of fire
hazards. The Commission preliminarily concludes that that these tensile
test requirements are reasonably related to the safe performance of
ATVs.
ATVs are driven in a wide range of environments and conditions,
from extreme cold, snowy conditions to extreme hot weather. Plastic
fuel tanks are susceptible to expansion and contraction due to
temperature fluctuations and variations in operating conditions and
over time plastic fuel tanks may develop stress cracks. Unprotected
portions of the fuel tank can be struck by debris, such as rocks, which
can compromise the structural integrity of the tank. Section 13.7
provides that ATV fuel tanks be subjected to a qualification impact
test that evaluates the structural integrity of the fuel tank after it
is either struck by a steel ball (SVIA test option) or dropped from
1.25 meters onto a concrete surface (SAE J288--Snowmobile Fuel Tank
Standard Test method option). The test option is decided by the
manufacturer. Prior to the impact, the fuel tanks are subjected to a
low temperature soak (-30 [deg]C for the SVIA test option or -40 [deg]C
for the SAE J288 test option). CPSC staff assesses that this
performance test is effective in evaluating the structural integrity of
ATV fuel tanks when subjected to impact forces. The Commission
preliminarily concludes that that these tensile test requirements are
reasonably related to the safe performance of ATVs.
Section 13.8 (Fuel Tank Protection Envelope Analysis) requires
visual, computer aided design (CAD), or similar inspection to ensure
neighboring components do not inadvertently compromise the structural
integrity of fuel system components such as the fuel tank, fuel hoses,
etc. in the event of a tip-over or roll-over. The procedure is a visual
inspection or spatial analysis done with CAD, which CPSC staff consider
useful to aid in addressing potential structural integrity issues of
ATV fuel systems. The Commission preliminarily concludes that that
these inspection requirements are reasonably related to the safe
performance of ATVs.
The performance test set out in Section 13.15 evaluates the
effectiveness of the fuel system to limit the amount of fuel leakage
(and associated risk of fire and/or explosion) in a rollover scenario
where the ATV and its fuel tank are not in their normal upright
positions. A test sample fuel tank filled with water is flipped upside
down (180[deg] from its normal upright position) for 10 minutes and the
maximum allowable volume of water that can leak within that period is
300 m. On average, the allowable leak rate is 30 mL per minute.
Gasoline evaporates relatively quickly when exposed to air. This rate
is consistent with the requirement from the 2012 edition of the golf
car standard, ANSI/ILTVA (International Light Transportation Vehicle
Association) Z130.1. CPSC staff assesses that this performance test is
effective in evaluating the rollover vent valve's ability to limit the
amount of fuel leakage if the ATV fuel tank is involved in a rollover.
Components with elastomeric parts such as fuel filters and fuel
shut off valves are susceptible to cracking, corrosion, and/or
deterioration when exposed to certain chemical or environmental
elements such as ethanol-blended gasolines, ultraviolet (UV) light, and
ozone. Elastomeric parts are composed of various rubber-like materials.
Sections 13.10 through 13.14 set out the performance tests that expose
sample fuel filters and fuel shut off valves to E10 (gasoline blended
with 10% ethanol), UV light, and ozone for extended periods. The test
components are visually examined for any cracks or signs of
deterioration upon the completion of the performance tests. Parts made
of fluoroelastomer are exempt, as this material is not susceptible to
deterioration due to UV, ozone, or E10 exposures. Fluoroelastomer is a
fluorocarbon-based type of synthetic rubber that has chemical corrosion
resistant properties that are used for applications such as gaskets, O-
rings, and seals. CPSC staff assesses that this performance test is
effective in evaluating the corrosion resistance properties of
elastomeric parts.
The Commission preliminarily concludes that the fuel system
performance requirements in Section 13 of the 2023 edition of the ANSI/
SVIA standard are reasonably related to the to the safe performance of
ATVs on the basis of staff's assessment that they will reduce the risk
of fuel leaks and associated fire and burn hazards due to possible fuel
breaches, over pressurizations, fuel spills, and component
deterioration.
C. Tire Pressure
The 2007, 2010, and 2017 editions of the SVIA-1 standard defined
low-pressure tires as ``having a recommended tire pressure of no more
than 69 kPa (10 psi)'' in section 4.19 Tires. In the 2017 edition,
Section 4.19 differentiated between Pneumatic (section 4.19.1) and Non-
Pneumatic Tires (NPT) (section 4.19.2) and changed Pneumatic Tire
requirements to ``Maximum recommended tire pressure of 69kPa (10
psi).'' Section 4.19.2 specifies ``NPTs vertical stiffness shall be
designed to produce a ground pressure of 69kPA (10 psi) or less with
the subject vehicle.'' In the 2023 edition, the tire pressure value and
vertical stiffness equivalent tire pressure value have been deleted.
The 2023 version retains the 4.19 requirement that ATVs be equipped
with tires designed for off-highway use on these vehicles and that the
tire sidewalls be marked with the recommended tire pressure. In
addition, the 2023 version retains the various testing and performance
requirements in sections 5 to 9 for speed capability, brakes, and pitch
stability.
An ATV manufacturer could design an ATV with a proper suspension
and 12 psi tires, and the tires would still be ``low pressure'' yet
conflict with the definition. For that reason, staff does not believe
that it is necessary to include a maximum tire pressure of 10 psi in
the standard. Since ANSI/SVIA 1-2023 instructs consumers to follow
manufacturers' recommendations for tire inflation pressures, either
from the markings on the tires or the owners' manuals, CPSC staff
assesses that this change to the standard is neutral and is not
detrimental to ATV safety. The Commission preliminarily concludes that
these inspection requirements are reasonably related to the safe
performance of ATVs.
[[Page 48401]]
D. Owner's Manual
The 2017 edition of the SVIA-1 standard provides in Section 4.21
that all ATVs shall be provided an owner's manual ``in paper form'' and
adds that the paper manual ``may be supplemented at the manufacturer's
option in electronic form viewable on a display on the ATV or other
device.'' The 2023 edition of SVIA-1 removes the phrase ``which may be
supplemented at the manufacturer's option in electronic form viewable
on a display on the ATV or other device'' which was added to the 2017
edition. Section 4.21 now states ``All ATVs shall be provided with a
manual in paper or electronic format at the time of delivery to the
first purchaser. All ATVs with printed manuals shall be equipped with a
means of carrying the manual that protects it from destructive elements
while allowing reasonable access.'' Under this standard the
manufacturer has the choice of whether to provide electronic or paper
manuals. The information required to be provided in the owner's manual
includes a dedicated introductory safety section and important safety
messages regarding age recommendations, proper operation of the ATV,
and training resources. Therefore, CPSC staff believes that paper
manuals should remain the default medium for important safety
information because in that format the information will be immediately
available for consumers. Many consumers are already disinclined to read
instruction manuals and requiring them to go through extra steps to
access them in electronic format reduces the likelihood that they will
do so. Based on the increased risk of consumers not receiving
information on the safe use of ATVs if that information is only
electronically available, CPSC staff assesses that this change would
likely result in a reduction in safety. For that reason, the Commission
preliminarily concludes that this provision is not consistent with the
safe operation of ATVs and therefore proposes maintaining in effect the
current regulatory provision incorporating the 2017 version Section
4.21.
E. 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 establish
requirements for effective dates. When the Commission adopted the 2010
revision to the ANSI/SVIA standard, it provided for an effective date
of 60 days from publication of the final rule. That date was revised
based on comments from several ATV companies in order to allow them
time to update their certification labels. When the Commission adopted
the 2017 revision to the ANSI/SVIA standard, it provided for an
effective date of January 1, 2019, approximately 10 months after
publication of the final rule, based on SVIA's comments about the time
needed for manufacturers to make the required changes.
CPSC staff assesses that many ATVs may already meet the new
requirements in ANSI/SVIA 1-2023, and the changes from the 2017 to the
2023 voluntary standard will not require significant vehicle design or
testing. Once SVIA notifies the Commission of a new version of the SVIA
standard, CPSC is required to issue an NPR within 120 days and then
issue a final rule 180 days after the NPR publication (300 days total).
Because the projected date for issuance of a final rule is early in
calendar year 2024, setting the effective date 180 days after
publication of the final rule, as the Commission did with the 2017
standard, would result in an effective date in July 2024, with the
specific date dependent on the date the final rule is issued. However,
in order to set a date certain that will facilitate industry planning,
as well as to align the effective date more closely with the timing of
the ATV industry's typical transition from one model year to the next,
the Commission proposes an effective date of September 1, 2024. With
this effective date, ATV manufacturers will have approximately 17
months to comply with the new hot surface and fuel system requirements.
The Commission preliminarily concludes that the proposed effective date
is reasonable, feasible, and adequate to protect consumer safety for
the following reasons:
Since all ATVs' gasoline powered engines and associated
components sold in the U.S. are regulated by the U.S. EPA for Exhaust
and Evaporative emissions (40 CFR 1051.515(d)--Fuel Tank Permeation
Testing), those ATVs will be exempt from having to conduct testing per
Section 13.5 (Fuel Tank Cyclic Pressure Integrity Test) of ANSI/SVIA-1-
2023. Where hazards associated with fuel tank cyclic pressure have
already been addressed, there will be no negative effect on safety by
providing this effective date rather than a shorter time period to
comply.
Depending on a firm's ATV manufacturing schedule cycle
during the calendar year, any design changes and associated testing to
comply with the new standard will take place sometime within the 17-
month period, with the understanding that firms will not produce ATVs
all year round. The 17-month period from the issuance of SVIA-1-2023 to
the proposed effective date will allow for resolution of supply chain
issues, quality control issues, and any other issues that may arise.
The proposed timeline here is similar to the timeline for
the SVIA-1-2017 standard update. In June 2017, SVIA notified the
Commission of the 2017 edition of the SVIA-1 standard. The final rule
established an effective date of January 1, 2019, which was 18 months
from start to finish (comparable to the recommended 17-month period
proposed here).
For these reasons, the Commission proposes an effective date that
is more clearly defined than the effective date for SVIA-1-2023 and
that allows sufficient time for manufacturers to prepare to comply with
the new standard while at the same time protecting consumer safety by
requiring compliance within a reasonable time.
III. Initial Regulatory Flexibility Act Analysis
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.
The IRFA, or a summary of it, must be published in the Federal
Register with the proposed rule. Under Section 603(b) of the RFA, each
IRFA must include:
(1) a description of why action by the agency is being considered;
(2) a succinct statement of the objectives of, and legal basis for,
the proposed rule;
(3) a description and, where feasible, an estimate of the number of
small entities to which the proposed rule will apply;
(4) a description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the
[[Page 48402]]
type of professional skills necessary for preparation of the report or
record; and
(5) an identification, to the extent practicable, of all relevant
Federal rules which may duplicate, overlap, or conflict with the
proposed rule.
The IRFA must also describe any significant alternatives to the
proposed rule that would accomplish the stated objectives and that
minimize any significant economic impact on small entities. Staff's
initial regulatory flexibility analysis is provided in Tab B of Staff's
NPR Briefing Package.
A. Reason for Agency Action
The intent of this rulemaking is to reduce deaths and injuries
resulting from fire and burn hazards associated with ATVs. The
Commission is considering this rule to amend the current mandatory
standard to reference ANSI/SVIA 1-2023 because we preliminarily
conclude that compliance with ANSI/SVIA 1-2023 would reduce fatal and
non-fatal injuries associated with ATVs.
B. Objectives and Legal Basis of the Rule
The Commission proposes this rule to reduce the risk of fatal and
non-fatal injuries associated with ATVs. On March 24, 2023, ANSI
published the latest revision of the American National Standard for
Four-Wheel All-Terrain Vehicles, ANSI/SVIA 1-2023. This rule is
promulgated as required by, and under the authority of, CPSA section
42(b).
C. Small Entities to Which the Rule Will Apply
The proposed rule would directly affect manufacturers and importers
of ATVs that are responsible for ensuring that the ATVs distributed in
the United States meet the Commission's mandatory rule based on the
ANSI/SVIA-1 standard. If promulgated as a final rule, it would not have
any direct impact on other businesses, such as ATV dealers (unless they
are also importers), or other small entities, including small
governmental jurisdictions or other organizations.
To be distributed in the United States, ATVs must be covered by
``ATV Action Plans,'' which, among other things, describe the actions
that manufacturers or importers will undertake to ensure that consumers
are offered safety training and to monitor that ATVs intended for adult
riders are not sold by ATV dealers for the use of children. As of April
2023, there were 38 ATV manufacturers or importers with ATV Action
Plans registered with the CPSC.\3\ Of the 38 firms with ATV Action
Plans, staff has assessed that 14 are either large domestic
manufacturers or subsidiaries of foreign manufacturers. In addition,
staff has assessed that no domestic manufacturers of ATVs meet the U.S.
Small Business Association (SBA) criteria to be considered small
businesses.
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\3\ The ATV Action Plan Requirement is found in section 42 of
the CPSA, 15 U.S.C. 2089. A list of firms with active ATV Action
Plans can be found at ATV Action Plans [verbar] CPSC.gov.
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Staff believes that the remaining 24 companies are likely
importers, although in several cases there was insufficient information
to make this determination. Of these 24 likely importers, staff has
identified 14 firms that meet SBA criteria to be considered small
businesses. For the remaining 10 firms, there was insufficient
information to make a size determination.
D. Compliance, Reporting, and Recordkeeping Requirements of the
Proposed Rule
The CPSA requires manufacturers (a term which includes importers)
to certify that their products comply with applicable CPSC standards
and regulations. 15 U.S.C. 2052(a)(11) & 2063(a)(1). The proposed rule
amends the performance requirements and test procedures that suppliers
must meet in order to sell ATVs in the United States. CPSC staff has
examined differences between ANSI/SVIA 1-2017 and ANSI/SVIA 1-2023. A
detailed list and discussion of these differences appear Staff's NPR
Briefing Package. In addition to making minor modifications to Sections
1 through 11, ANSI/SVIA 1-2023 adds Section 12 (Burn Hazards) and
Section 13 (Fuel Systems Requirements). Manufacturers and/or importers
of models that do not currently comply with ANSI/SVIA 1-2023 will incur
costs for testing, and possibly for parts and vehicle redesign.
In accordance with Section 14 of the CPSA, manufacturers would have
to issue a GCC for each ATV model, certifying that the model complies
with the proposed rule. According to Section 14 of the CPSA, GCCs must
be based on a test of each product, or a reasonable testing program;
and GCCs must be provided to all distributors or retailers of the
product. The manufacturer would have to comply with 16 CFR part 1110
concerning the content of the GCC, retention of the associated records,
and any other applicable requirement.
1. Impact on Small Manufacturers
Because modifications in Sections 1 through 11 consist primarily of
editorial updates and clarifications to the existing voluntary
standards, staff assesses that manufacturer costs to comply with these
modifications are insignificant.
Manufacturers will incur testing costs to comply with Section 12 of
the revised standard, which sets forth a one-time design qualification
that requires the identification and testing of ATV surfaces that come
into continuous, intermittent, momentary, and incidental contact with
the vehicle occupant and passengers. Those manufacturers whose models
do not meet the performance requirement will incur costs associated
with model reconfiguration or redesign.
Manufacturers will also incur testing costs to comply with Section
13 of the revised standard which contains several one-time design
qualifications and production part inspection tests related to ATV fuel
systems.
For ATVs that already meet the performance requirements of Section
12 and 13, the cost to manufacturers is limited to the cost of testing.
The Commission estimates that one-time design qualification inspection
tests would cost approximately $12,096 per model. To comply with new
Sections 13.3 (Fuel Tank Immersion Leak Test) and 13.4 (Fuel Filter and
Shut-off Valve Immersion Leak Test), manufacturers will incur costs
associated with testing each production part; CPSC estimates that the
cost of production part testing is approximately $20.00 per vehicle.
Manufacturers whose ATV models do not meet the performance
requirements of Sections 12 and 13 may incur additional costs
associated with sourcing compliant--likely more expensive--parts that
were previously tested by the parts manufacturer/supplier. These costs
are expected to be approximately $20.00 per vehicle, some of which may
be borne by the parts supplier. ATV models which do not meet Sections
12, 13.8 (Fuel Tank Production Envelope Analysis), or 13.9 (Fuel Line
Integrity) requirements may require reconfiguration or redesign, which
CPSC estimates would cost approximately $70,000 per model.
The Commission generally assesses a draft proposed rule to have a
significant adverse economic impact if a firm's costs to comply exceed
1 percent of the firm's annual sales revenue. Because, as noted above,
none of the 14 identified ATV manufacturers meet the SBA criteria to be
considered a small business, CPSC preliminarily assesses that the draft
proposed rule requiring compliance with ANSI/SVIA 1-2023 will not have
a significant economic impact on any small ATV manufacturers, since
none was identified. Staff seeks information on
[[Page 48403]]
any other ATV manufacturers that may meet the SBA criteria to be
considered small businesses.
2. Impact on Small Importers
Foreign manufacturers whose models do not meet the ANSI/SVIA 1-2023
performance requirements may choose to exit the U.S. ATV market. An
importer whose foreign manufacturer exited the market, and was unable
to procure an alternative source, would likely suffer a significant,
adverse economic impact. However, given that ATV sales volume has been
stable over the last 5 years, and grew by approximately 5 percent in
2020 (the last year for which CPSC has data), it is unlikely that
foreign ATV manufacturers will exit the market. Therefore, CPSC
preliminarily concludes that the draft proposed rule will not have a
significant, adverse economic impact on ATV importers.
If a foreign manufacturer chooses not to conduct the required
testing and/or provide the documentation necessary to support the
issuance a GCC, importers of that manufacturer's products may choose to
conduct and document compliance testing, incurring the associated
costs. For importers whose costs exceed 1 percent of the firm's annual
ATV revenues, the effect would be considered significant. Of the 14
small importers identified by staff, only 7 could be found in the 2020
ATV market sales data.\4\ Staff estimates that 4 of these 7 small
importers would face a significant, adverse economic impact as a result
of the proposed rule. However, as noted above, CPSC considers this
scenario unlikely.
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\4\ Source: Power Products Marketing, Prairie Eden, MN, 2021.
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3. Alternatives to the Draft Proposed Rule
An effective date later than September 1, 2024, could reduce
manufacturers' costs of compliance and/or allow manufacturers to spread
those costs over a longer period of time. However, an effective date of
September 1, 2024 allows manufacturers approximately 17 months from the
publication of ANSI/SVIA 1-2023 to comply with its requirements, which
the Commission preliminarily considers reasonable, feasible, and
adequate as explained above.
For these reasons, any cost savings that might accrue to
manufacturers if a later effective date were adopted are likely to be
insignificant. Delaying implementation of the rule would allow
continued manufacture and importation of non-compliant models for a
longer period of time, expose a greater number of consumers to ATV fire
and burn hazards, and increase associated societal costs. Therefore,
the Commission is not proposing this alternative.
The Commission preliminarily concludes that the draft proposed rule
will not have a significant, negative economic impact on a substantial
number of small entities and requests comments with data supporting or
refuting whether the Commission could certify to that effect.
IV. The Proposed Rule
The proposed rule would revise 16 CFR 1420.1 and 1420.3. Consistent
with current requirements, the revised language states that new
assembled or unassembled ATVs manufactured before September 1, 2024,
must comply with ANSI/SVIA 1-2017. Any new assembled or unassembled
ATVs manufactured on or after September 1, 2024 must comply with ANSI/
SVIA 1-2023. The revision also removes extraneous references to past
effective dates.
V. Paperwork Reduction Act
This proposed rule contains information collection requirements
that are subject to public comment and review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3521). In this document, pursuant to 44 U.S.C.
3507(a)(1)(D), we set forth--
a title for the collection of information;
a summary of the collection of information;
a brief description of the need for the information and
the proposed use of the information;
a description of the likely respondents and proposed
frequency of response to the collection of information;
an estimate of the burden that shall result from the
collection of information; and
notice that comments may be submitted to the OMB.
Title: Notice of Proposed Rulemaking (NPR) to Amend the All-Terrain
Vehicle (ATV) Standard.
Summary and Description: The proposed rule amends the ATV standard
to mandate industry compliance with ANSI/SVIA 1-2023, American National
Standard for Four Wheel All-Terrain Vehicles. The proposed rule would
require ATVs to comply with ANSI/SVIA 1-2023, including certification
testing in support of GCCs required by Section 14 of the Consumer
Product Safety Act, 15 U.S.C. 2063.\5\ GCCs must comply with 16 CFR
part 1110 concerning the content of the GCC, retention of the
associated records, and any other applicable requirement. ANSI/SVIA 1-
2023 Sections 4. Vehicle (ATV) Configuration and Equipment, 5. Maximum
Speed Capability, 7. Service Brake Performance, 8. Parking, 9. Pitch
Stability, 11. Sound Level Limits, 12. Hot Surfaces, and 13. Fuel
Systems Requirements contain certification testing requirements. These
recordkeeping requirements, as well as the preparation of the GCC
itself, fall within the definition of ``collection of information,'' as
defined in 44 U.S.C. 3502(3). PRA requirements such as labels, hang
tags, and instruction manuals, which are unchanged from the previous
version of the standard, SVIA 1-2017, are not included in this
analysis.
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\5\ Section 14(a)(3)(A) of the CPSA states that the third-party
testing requirement applies to any children's product manufactured
more than 90 days after the Commission has established and published
a ``notice of requirements'' for the accreditation of third-party
conformity assessment bodies to assess conformity with a children's
product safety rule.
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Description of Respondents: Entities which manufacture or import
ATVs.
Estimated Burden: We estimate the total burden of this collection
of information is 441 hours and $16,229. Table 1, below, summarizes our
estimation of annual reporting burden hours and cost.
[[Page 48404]]
Table 1--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Total annual Hours per Total burden Annual
Burden type respondents responses responses response hours cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Labor Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
GCC Preparation.................................................. 38 1 38 1.5 57 $2,098
One-Time Design Qualification Testing............................ 25 1.9 48 8 384 14,131
--------------------------------------------------------------------------------------
Total Burden................................................. .............. .............. .............. ........... 441 16,229
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comments: In compliance with the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), CPSC has submitted the information collection
requirements of this proposed rule to the OMB for review. Interested
persons are requested to submit comments regarding information
collection by September 25, 2023 to the Office of Information and
egulatory Affairs, OMB (see the ADDRESSES section at the beginning of
this document).
Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:
Whether the collection of information is necessary for the
proper performance of the CPSC's functions, including whether the
information will have practical utility;
The accuracy of the CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
Ways to enhance the quality, utility, and clarity of the
information to be collected;
Ways to reduce the burden of the collection of information
on respondents, including the use of automated collection techniques,
when appropriate, and other forms of information technology; and
The estimated burden hours associated with producing the
GCC and the certification testing required to support the GCC.
A. GCC Preparation
Section 14 of the Consumer Product Safety Act requires
manufacturers and importers of ATVs to prepare GCCs. Based on current
ATV action plans filed with the CPSC, there are 38 entities that
supply, or intend to supply ATVs to the U.S. market. CPSC staff found
evidence of ATV sales activity, in the form of actual sales or
advertisement for sale, for only 32 of the 38 entities. Nevertheless,
taking a conservative approach, CPSC staff assumed that all 38 entities
are currently supplying ATVs to the U.S. market and used this number to
calculate the burden hours and annual cost associated with GCCs. ATV
manufacturers typically produce one GCC that covers all the models of a
model year, which implies the number of PRA responses is one per
entity, per year. CPSC conservatively estimates the time required to
produce this GCC is about 1.5 hours per year (although in most cases
the actual time required will likely be significantly lower).
Therefore, the estimated burden associated with GCCs is 57 hours (38
entities x 1 GCC per year x 1.5 hours per GCC = 57 hours). CPSC staff
multiplied the estimated number of burden hours by $36.80,\6\ the total
hourly compensation for sales and office workers in goods-producing
private industries, to generate the estimated annual cost to industry
associated with GCCs. Therefore, the estimated annual cost to industry
associated with preparation of the GCCs is $2,097.60 ($36.80 per hour x
57 hours = $2,097.60).
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\6\ U.S. Bureau of Labor Statistics, ``Table 4. Employer Costs
for Employee Compensation for private industry workers by
occupational and industry group,'' updated March 17, 2023, Table 4.
Private industry workers by occupational and industry group--2022
Q04 Results (bls.gov).
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B. Recordkeeping Supporting GCC Preparation
In the event a foreign manufacturer chooses not to conduct required
certification testing and/or provide documentation to support
preparation of the GCC, its importer could choose to conduct its own
certification testing. However, CPSC considers this scenario unlikely,
and for several of the importers, cost prohibitive. Therefore, the
Commission assumes entities conducting certification testing and
associated recordkeeping are limited to ATV manufacturers. Based on
2020 sales data, there were 25 known U.S. and foreign manufacturers
supplying as many as 239 new and old ATV models and 420,730 ATVs to the
U.S. market.\7\
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\7\ Source: Power Products Marketing, Prairie Eden, MN, 2021.
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CPSC estimates the average life cycle of an ATV model is
approximately 5 years, which implies each manufacturer will conduct
one-time design qualification testing on approximately 1.6 models per
year (239 models / 25 entities / 5 years [ap] 1.9 models per entity per
year). CPSC staff estimates the time required to create and maintain
certification records to be approximately 8 person hours per model.\8\
Therefore, the estimated labor burden associated with certification
testing recordkeeping is 384 person hours (25 entities x 1.9 ATV models
per year x 8 person hours per model = 384 person hours). As above,
staff multiplied the estimated number of burden hours by $36.80, the
total hourly compensation for sales and office workers in goods-
producing private industries. The estimated annual cost to industry
associated with certification testing recordkeeping is $14,131 ($36.80
per person hour x 384 person hours = $14,131).
---------------------------------------------------------------------------
\8\ This estimate includes recordkeeping hours associated with
individual parts testing required by ANSI/SVIA 1-2023, Sections 13.3
(Fuel Tank Immersion Leak Test) and 13.4 (Fuel Filter and Shut-off
Valve Immersion Leak Test, allocated per model, as well as
recordkeeping hours associated with one-time design qualification
testing.
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C. Summary of Burden Hours and Cost
Based on this analysis, the proposed rule for ATVs would impose an
annual burden to industry of approximately 441 hours per year (57 for
preparation of the GCC and 384 hours for recordkeeping associated with
the certification tests upon which the GCCs are based). The estimated
annual cost is approximately $16,229 ($2,098 and $14,131 for GCC
preparation and certification testing recordkeeping, respectively).
The above estimates are a conservative estimate of the average
annual burden to ATV entities. The proposed rule requires all ATVs
manufactured on or after September 1, 2024, to comply with ANSI/SVIA 1-
2023. Therefore, in the first year following promulgation of the rule,
existing entities may be required to redesign and test more than the
estimated average 48 models per year and incur higher costs than the
estimates in this PRA analysis. In subsequent years, costs could be
less, as fewer numbers of ATV models will require design updates. To
the extent that the ATV industry already complies, or substantially
complies, with the ANSI/SVIA 1-2023 standard, these figures may over-
estimate the actual burden.
[[Page 48405]]
VI. 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)(1). This proposed amendment falls within the categorical
exemption.
VII. Incorporation by Reference
The Commission proposes to incorporate by reference those
provisions of ANSI/SVIA 1-2023 that it has concluded are related to the
safe operation of ATVs, which encompass all provisions other than
Section 4.21 concerning the provision of paper user manuals. 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 1-2023 that the
Commission proposes to incorporate by reference. ANSI/SVIA 1-2023 is
copyrighted. Interested persons may purchase a copy of ANSI/SVIA 1-2023
from Specialty Vehicle Institute of America, 2 Jenner, Suite 150,
Irvine, CA 92618-3806; telephone: 949-727-3727 ext. 3023; www.svia.org.
In addition, a read-only copy of the standard is available for viewing
on the SVIA website at https://svia.org/ansi-svia-1-2023/. You may also
inspect a copy at the Office of the Secretary, U.S. Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814,
telephone: (301) 504-7479, email: cpsc-os@cpsc.gov.
VIII. 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 of the CPSA 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 this
proposed rule.
IX. 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. Because the revisions to the 2017 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 2017 ATV standard would also cover testing of children's products
to the revised ATV standard.
X. Request for Comments
This NPR begins a rulemaking proceeding under section 42 of the
CPSA to amend the Commission's mandatory ATV standard to reference the
2023 edition of the ANSI/SVIA standard. We invite all interested
persons to submit comments on any aspect of this proposal, including
whether any of the changes to the standard (summarized in Tab A of the
Staff's NPR Briefing Package) are substantive changes and whether they
improve or do not improve the safety of ATVs. In particular, as noted
previously, we invite comment as to the standard's proposed change to
format in which an owner's manual must be provided and as to the
proposed effective date. We also invite comments on the estimated
burden of the recordkeeping associated with issuing a GCC for ATVs as
required by 16 CFR part 1110, discussed in Section VI, above. In
addition, we request comments on the effect on safety of the removal of
the 10 PSI maximum recommended tire pressure. In particular, we invite
comments on the anticipated effect on safety if ATV tires exceed 10
psi. 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 Parts 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 is changed to read as follows:
Authority: 15 U.S.C. 2089.
0
2. Revise Sec. 1420.1 to read as follows:
Sec. 1420.1 Scope and application.
This part 1420, a consumer product safety standard, prescribes
requirements for all terrain vehicles.
0
3. Revise Sec. 1420.3 to read as follows:
Sec. 1420.3 Requirements for four-wheel ATVs.
Each new assembled or unassembled ATV manufactured before September
1, 2024, shall comply with all applicable provisions of the American
National Standard for Four-Wheel All-Terrain Vehicles (ANSI/SVIA 1-
2017), approved on June 8, 2017. Each new assembled or unassembled ATV
manufactured on or after September 1, 2024, shall comply with all
applicable provisions of the American National Standard for Four-Wheel
All-Terrain Vehicles (ANSI/SVIA 1-2023), approved on March 21, 2023
with the exception of Section 4.21 Owner's Manual, as to which it shall
continue to comply with the ANSI/SVIA 1-2017 standard. 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 of these standards from Specialty Vehicle Institute of America, 2
Jenner, Suite 150, Irvine, CA 92618-3806; telephone: 949-727-3727 ext.
3023; www.svia.org. In addition, a read-
[[Page 48406]]
only copy of the 2023 standard is available for viewing on the SVIA
website at https://svia.org/ansi-svia-1-2023/. This material is
available for inspection at the Consumer Product Safety Commission and
the National Archives and Records Administration (NARA). Contact Office
of the Secretary, U.S. Consumer Product Safety Commission, Room 820,
4330 East West Highway, Bethesda, MD 20814, telephone: (301) 504-7479.
For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email:
fr.inspection@nara.gov.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-15478 Filed 7-26-23; 8:45 am]
BILLING CODE 6355-01-P