Final Rule: Standard for All Terrain Vehicles, 67385-67387 [E8-26974]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
Optional Terminating Action
(j) Accomplishing the actions specified in
paragraph (j)(1), (j)(2), or (j)(3) of this AD, as
applicable, terminates the repetitive
inspections required by paragraph (f) of this
AD for the repaired or modified frames only.
(1) Accomplishment of the repair specified
in Part 3, or the preventive modification
specified in Part 4, of the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1261, including Appendices A
through X inclusive, dated January 19, 2006.
(2) Accomplishment of the repair or the
preventive modification specified in Boeing
Message M–7200–02–01294, dated August
20, 2002.
(3) Accomplishment of the repair or the
preventive modification in accordance with a
method approved by the Manager, Seattle
Aircraft Certification Office (ACO).
sroberts on PROD1PC70 with RULES
Alternative Methods of Compliance
(AMOCs)
(k)(1) The Manager, Seattle ACO, FAA,
ATTN: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 917–6447; fax (425)
917–6590; has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
Material Incorporated by Reference
(l) You must use Boeing Alert Service
Bulletin 737–53A1261, dated January 19,
2006, to do the actions required by this AD,
unless the AD specifies otherwise. If you do
the optional terminating actions specified in
this AD, you must use Boeing Message M–
7200–02–01294, dated August 20, 2002; or
Boeing Alert Service Bulletin 737–53A1261,
dated January 19, 2006; to do those optional
actions, unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
Boeing Message M–7200–02–01294, dated
August 20, 2002, under 5 U.S.C. 552(a) and
1 CFR part 51.
(2) On August 12, 2008 (73 FR 38905, July
8, 2008), the Director of the Federal Register
approved the incorporation by reference of
Boeing Alert Service Bulletin 737–53A1261,
dated January 19, 2006.
(3) For service information identified in
this AD, contact Boeing Commercial
VerDate Aug<31>2005
15:52 Nov 13, 2008
Jkt 217001
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207; telephone 206–
544–9990; fax 206–766–5682; e-mail
DDCS@boeing.com; Internet https://
www.myboeingfleet.com.
(4) You may review copies of the service
information incorporated by reference at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; 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: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on October
10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–25893 Filed 11–13–08; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1420
Final Rule: Standard for All Terrain
Vehicles
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The recently-enacted
Consumer Product Safety Improvement
Act of 2008 (‘‘CPSIA’’), sets forth several
requirements for all terrain vehicles
(‘‘ATVs’’). Among these, the CPSIA
requires the United States Consumer
Product Safety Commission
(‘‘Commission’’ or ‘‘CPSC’’) 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). This document satisfies
that requirement and reviews other
provisions of the CPSIA that apply to
ATVs.
The rule takes effect April 13,
2009. The incorporation by reference of
the publication listed in this rule is
approved by the Director of the Federal
Register as of April 13, 2009.
FOR FURTHER INFORMATION CONTACT:
Tanya Topka, Office of Compliance and
Field Operations, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814;
telephone (301) 504–7594.
SUPPLEMENTARY INFORMATION:
DATES:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
67385
A. Background
The Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’)
was enacted on August 14, 2008. Public
Law 110–314, 122 Stat. 3016 (August
14, 2008). The CPSIA amends statutes
which the U.S. Consumer Product
Safety Commission (‘‘Commission’’ or
‘‘CPSC’’) administers, adding
requirements with broad applicability
and some product-specific provisions as
well. Section 232 of the CPSIA adds a
new section 42 to the Consumer Product
Safety Act (‘‘CPSA’’) that sets forth
numerous requirements for all terrain
vehicles (‘‘ATVs’’). 15 U.S.C. 42, as
added by CPSIA § 232.
The Commission has been involved
with ATVs since the 1980s. In 1987, the
Commission filed a lawsuit to declare
ATVs an imminently hazardous
consumer product under section 12 of
the CPSA against the five companies
that were the major distributors of ATVs
in the U.S. at that time. The section 12
lawsuit was settled by Consent Decrees
that were filed on April 28, 1988 and
remained in effect for ten years. The
Consent Decrees contained provisions
concerning restrictions on the
distribution of three-wheel ATVs;
development of a voluntary
performance standard; requirements for
ATV warning labels, owner’s manuals,
point of purchase safety materials, free
rider training, and media and
advertising materials. The parties also
agreed to promote and sell adult-size
ATVs (defined in the Consent Decrees
as ATVs with engines greater than 90
cc) only for the use of riders 16 years of
age and older.
In accordance with the Consent
Decrees, the main distributors, working
through the Specialty Vehicle Institute
of America (‘‘SVIA’’), continued work
on a voluntary standard for ATVs. The
standard, known as ANSI/SVIA, The
American National Standard for Four
Wheel All-Terrain Vehicles Equipment
Configuration, and Performance
Requirements, was first published in
1990, was revised in 2001 and again in
2007.
While the Consent Decrees were in
effect, the companies entered into
monitoring agreements with the CPSC
agreeing to monitor their dealers’
compliance with the Consent Decrees’
requirements, particularly the age
restrictions.
After the Consent Decrees expired, the
distributors who had been parties to the
Consent Decrees (and three companies
that had entered the market later)
developed action plans, also known as
letters of undertaking, in which the
companies agreed to undertake
E:\FR\FM\14NOR1.SGM
14NOR1
67386
Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
voluntary actions to continue many of
the actions that were required under the
Consent Decrees and to continue
monitoring their dealers. See 63 FR
48199 (1998).
sroberts on PROD1PC70 with RULES
B. CPSIA Requirements for ATVs
1. Mandating the Voluntary Standard
Section 232 of the CPSIA (now
section 42 of the CPSA) states that
within 90 days of enactment of the
CPSIA ‘‘the Commission shall 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. 42(a)(1) as
added by CPSIA § 232.
The ANSI/SVIA standard specifies
requirements concerning the vehicle’s
equipment and configuration (including
requirements for owner’s/operator’s
manuals, labels and hang tags),
maximum speed capability, speed
capability of youth ATVs, service and
parking brakes, pitch stability,
electromagnetic compatibility, and
sound level limits. It also requires that
ATVs have a certification label
indicating that they comply with the
ANSI/SVIA standard.
The CPSIA requires the Commission
to publish the ANSI/SVIA standard in
the Federal Register. The Commission
is fulfilling this direction by
incorporating the ANSI/SVIA standard
by reference. Congress mandated that
the ANSI/SVIA standard will go into
effect as a consumer product safety
standard 150 days after it is published
in the Federal Register. The Freedom of
Information Act states that a standard
that is incorporated by reference in the
Federal Register and made reasonably
available is deemed to be published in
the Federal Register. 5 U.S.C.
552(a)(1)(E). Because Congress
mandated the standard without any
changes, we believe that it is
appropriate to incorporate the standard
by reference.
The standard takes effect as a
consumer product safety standard 150
days after this publication in the
Federal Register. See 15 U.S.C.
2058(g)(1). This means that ATVs
manufactured on or after the effective
date must comply with the standard.
They also must meet additional
requirements related to action plans.
See 15 U.S.C. 42(a)(2) and (e)(2), as
added by CPSIA § 232. The statute
provides: ‘‘After the standard takes
effect, it shall be unlawful for any
VerDate Aug<31>2005
15:52 Nov 13, 2008
Jkt 217001
manufacturer or distributor to import
into or distribute in commerce in the
United States any new assembled or
unassembled all-terrain vehicle unless’’
the ATV complies with the newlymandated standard, the ATV is subject
to an ATV action plan filed with and
(unless the action plan was filed with
the Commission before August 14, 2008)
approved by the Commission, and the
manufacturer or distributor is in
compliance with the action plan. (CPSA
§ 42(a)(2) as added by CPSIA § 232).
Failure to comply with these
requirements is deemed to be a failure
to comply with a consumer product
safety standard and subjects the violator
to the penalties and remedies applicable
under the CPSA. Id. § 42(a)(3).
2. Action Plans
The statute requires ATV
manufacturers and distributors to file
with the Commission an ATV action
plan. Unless the ATV action plan was
filed with the Commission before
August 14, 2008 the action plan must be
approved by the Commission. The
manufacturer or distributor must be in
compliance with the action plan. CPSA
§ 42(a)(2), as added by CPSIA § 232.
The statute defines ‘‘ATV action
plan’’ as a plan or letter of undertaking
describing safety-related actions the
manufacturer or distributor agrees to
take concerning ATVs. The plan must
be ‘‘substantially similar’’ to the action
plans distributors entered into in 1998.
CPSA § 42(e)(2), as added by CPSIA
§ 232.
3. Three-Wheel ATVs
The CPSIA also addresses 3-wheel
ATVs. It provides that until the
Commission issues a consumer product
safety standard applicable to 3-wheel
ATVs (and the standard goes into effect)
‘‘new 3-wheeled all terrain vehicles may
not be imported into or distributed in
commerce in the United States.’’ CPSA
§ 42(c), as added by CPSIA § 232.
Violation of this restriction is a
prohibited act under section 19(a)(1) of
the CPSA.
4. Future Actions
The CPSIA provides procedures for
modifying the standard in the future
either if SVIA revises the underlying
voluntary standard or if the Commission
determines on its own to amend the
standard.
The CPSIA also requires the
Commission to issue a final rule in its
open rulemaking concerning ATVs.
(The Commission issued a notice of
proposed rulemaking related to ATVs
on August 10, 2006. See 73 FR 54564.)
The CPSIA directs the Commission to
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
consult with the National Highway
Traffic Safety Administration
(‘‘NHTSA’’) and consider whether to
establish a multiple factor method of
categorizing youth ATVs. Also in
consultation with NHTSA, the
Commission must review the mandated
ANSI/SVIA standard and ‘‘establish
additional safety standards for allterrain vehicles to the extent necessary
to protect the public health and safety.’’
The statute specifies certain provisions
that the Commission is to consider
adding or strengthening. CPSA § 42(d),
as added by CPSIA § 232(a).
The CPSIA also requires the U.S.
Government Accountability Office
(‘‘GAO’’) to conduct a study of ATVs’
utility, recreational and other benefits
and the costs associated with ATVrelated accidents and injuries. CPSIA
§ 232(b).
List of Subjects in 16 CFR Part 1420
Consumer protection, Imports,
Incorporation by reference, Information,
Infants and children, Labeling, Law
enforcement, Recreation and recreation
areas, Reporting and recordkeeping
requirements, Safety.
For the reasons stated in the
preamble, the Commission amends Title
16 of the Code of Federal Regulations by
adding a new part 1420 to read as
follows:
PART 1420—REQUIREMENTS FOR
ALL TERRAIN VEHICLES
Sec.
1420.1 Scope, application and effective
date.
1420.2 Definitions.
1420.3 Requirements for four-wheel ATVs.
1420.4 Restrictions on three-wheel ATVs.
Authority: The Consumer Product Safety
Improvement Act of 2008, Pub. Law 110–314,
§ 232, 122 Stat. 3016 (August 14, 2008).
§ 1420.1
date.
Scope, application and effective
This part 1420, a consumer product
safety standard, prescribes requirements
for all terrain vehicles. The
requirements for four-wheel ATVs in
§ 1420.3 take effect on April 13, 2009,
and apply to new assembled or
unassembled ATVs manufactured or
imported on or after that date. The
restrictions on three-wheel ATVs stated
in § 1420.4 take effect September 13,
2008.
§ 1420.2
Definitions.
In addition to the definitions in
section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052), the
following definitions apply for purposes
of this Part 1420.
(a) All terrain vehicle or ATV means:
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
(1) Any motorized, off-highway
vehicle designed to travel on 3 or 4
wheels, having a seat designed to be
straddled by the operator and
handlebars for steering control; but
(2) Does not include a prototype of a
motorized, off-highway, all-terrain
vehicle that is intended exclusively for
research and development purposes
unless the vehicle is offered for sale.
(b) ATV action plan means a written
plan or letter of undertaking that
describes actions the manufacturer or
distributor agrees to take to promote
ATV safety, including rider training,
dissemination of safety information, age
recommendations, other policies
governing marketing and sale of the
ATVs, the monitoring of such sales, and
other safety related measures, and that
is substantially similar to the plans
described under the heading ‘‘The
Undertakings of the Companies’’ in the
Commission Notice published in the
Federal Register on September 9, 1998
(63 FR 48199–48204).
sroberts on PROD1PC70 with RULES
§ 1420.3
ATVs.
Requirements for four-wheel
Restrictions on three-wheel ATVs.
Until a mandatory consumer product
safety standard applicable to threewheel ATVs promulgated pursuant to
the Consumer Product Safety Act is in
effect, new three wheel ATVs may not
be imported into or distributed in
commerce in the United States.
Dated: November 7, 2008.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. E8–26974 Filed 11–13–08; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 40
[Docket No. RM08–3–000; Order No. 716]
Mandatory Reliability Standard for
Nuclear Plant Interface Coordination
November 7, 2008.
(a) Each ATV shall comply with all
applicable provisions of the American
National Standard for Four Wheel AllTerrain Vehicles (American National
Standards Institute, Inc. ANSI/SVIA
1–2007), approved July 23, 2007. 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,
California 92618–3806; telephone 949–
727–3727 ext. 3023; https://
www.svia.org. You may inspect a copy
at the Office of the Secretary, U.S.
Consumer Product Safety Commission,
Room 502, 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: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(b) Each ATV must be subject to an
ATV action plan filed with the
Commission before August 14, 2008 or
subsequently filed with and approved
by the Commission, and shall bear a
label certifying such compliance and
identifying the manufacturer, importer
or private labeler and the ATV action
plan to which it is subject.
(c) The ATV manufacturer or
distributor shall be in compliance with
all provisions of the applicable ATV
action plan.
VerDate Aug<31>2005
§ 1420.4
15:52 Nov 13, 2008
Jkt 217001
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission published in
the Federal Register of October 27,
2008, a final rule approving the Nuclear
Plant Interface Coordination Reliability
Standard developed by the North
American Electric Reliability
Corporation (NERC) and directing NERC
to develop a modification the Reliability
to address certain concerns. This
document corrects references in two
footnotes of the final rule.
DATES: Effective Date: November 26,
2008.
FOR FURTHER INFORMATION CONTACT:
Richard M. Wartchow (Legal
Information), Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–8744.
SUPPLEMENTARY INFORMATION: In FR
Document E8–25139, published October
27, 2008 (73 FR 63770) make the
following corrections to citations in
Footnotes 51 and 60:
1. On page 63781, column 1, Footnote
51, second sentence, change ‘‘125 FERC
¶ 61,062.’’ to ‘‘125 FERC ¶ 61,064.’’
2. On page 6378, column 2, footnote
60, second sentence, change ‘‘125 FERC
¶ 61,062’’ to ‘‘125 FERC ¶ 61,064.’’
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8–26971 Filed 11–13–08; 8:45 am]
BILLING CODE 6717–01–P
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
67387
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9416]
RIN 1545–BH74
Determining the Amount of Taxes Paid
for Purposes of Section 901;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
SUMMARY: This document contains
corrections to final and temporary
regulations (TD 9416) that were
published in the Federal Register on
Wednesday, July 16, 2008 (73 FR 40727)
under section 901 of the Internal
Revenue Code providing guidance
relating to the determination of the
amount of taxes paid for purposes of the
foreign tax credit.
DATES: Effective Date: This correction is
effective November 14, 2008, and is
applicable on July 16, 2008.
FOR FURTHER INFORMATION CONTACT:
Michael Gilman, (202) 622–3850 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final and temporary regulations
that are the subjects of this document
are under section 901 of the Internal
Revenue Code.
Need for Correction
As published, final and temporary
regulations (TD 9416) contain errors that
may prove to be misleading and are in
need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
■
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.901–2T is amended
as follows:
■ 1. The first sentence of paragraph
(e)(5)(iv)(C)(5)(i) is revised.
■ 2. Paragraph (e)(5)(iv)(D) Example 5.
paragraphs (i)(A), (i)(B) and (ii) are
revised.
■
E:\FR\FM\14NOR1.SGM
14NOR1
]]>Agencies
[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67385-67387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26974]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1420
Final Rule: Standard for All Terrain Vehicles
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The recently-enacted Consumer Product Safety Improvement Act
of 2008 (``CPSIA''), sets forth several requirements for all terrain
vehicles (``ATVs''). Among these, the CPSIA requires the United States
Consumer Product Safety Commission (``Commission'' or ``CPSC'') 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). This document satisfies that
requirement and reviews other provisions of the CPSIA that apply to
ATVs.
DATES: The rule takes effect April 13, 2009. The incorporation by
reference of the publication listed in this rule is approved by the
Director of the Federal Register as of April 13, 2009.
FOR FURTHER INFORMATION CONTACT: Tanya Topka, Office of Compliance and
Field Operations, Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; telephone (301) 504-7594.
SUPPLEMENTARY INFORMATION:
A. Background
The Consumer Product Safety Improvement Act of 2008 (``CPSIA'') was
enacted on August 14, 2008. Public Law 110-314, 122 Stat. 3016 (August
14, 2008). The CPSIA amends statutes which the U.S. Consumer Product
Safety Commission (``Commission'' or ``CPSC'') administers, adding
requirements with broad applicability and some product-specific
provisions as well. Section 232 of the CPSIA adds a new section 42 to
the Consumer Product Safety Act (``CPSA'') that sets forth numerous
requirements for all terrain vehicles (``ATVs''). 15 U.S.C. 42, as
added by CPSIA Sec. 232.
The Commission has been involved with ATVs since the 1980s. In
1987, the Commission filed a lawsuit to declare ATVs an imminently
hazardous consumer product under section 12 of the CPSA against the
five companies that were the major distributors of ATVs in the U.S. at
that time. The section 12 lawsuit was settled by Consent Decrees that
were filed on April 28, 1988 and remained in effect for ten years. The
Consent Decrees contained provisions concerning restrictions on the
distribution of three-wheel ATVs; development of a voluntary
performance standard; requirements for ATV warning labels, owner's
manuals, point of purchase safety materials, free rider training, and
media and advertising materials. The parties also agreed to promote and
sell adult-size ATVs (defined in the Consent Decrees as ATVs with
engines greater than 90 cc) only for the use of riders 16 years of age
and older.
In accordance with the Consent Decrees, the main distributors,
working through the Specialty Vehicle Institute of America (``SVIA''),
continued work on a voluntary standard for ATVs. The standard, known as
ANSI/SVIA, The American National Standard for Four Wheel All-Terrain
Vehicles Equipment Configuration, and Performance Requirements, was
first published in 1990, was revised in 2001 and again in 2007.
While the Consent Decrees were in effect, the companies entered
into monitoring agreements with the CPSC agreeing to monitor their
dealers' compliance with the Consent Decrees' requirements,
particularly the age restrictions.
After the Consent Decrees expired, the distributors who had been
parties to the Consent Decrees (and three companies that had entered
the market later) developed action plans, also known as letters of
undertaking, in which the companies agreed to undertake
[[Page 67386]]
voluntary actions to continue many of the actions that were required
under the Consent Decrees and to continue monitoring their dealers. See
63 FR 48199 (1998).
B. CPSIA Requirements for ATVs
1. Mandating the Voluntary Standard
Section 232 of the CPSIA (now section 42 of the CPSA) states that
within 90 days of enactment of the CPSIA ``the Commission shall 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. 42(a)(1) as added by CPSIA Sec. 232.
The ANSI/SVIA standard specifies requirements concerning the
vehicle's equipment and configuration (including requirements for
owner's/operator's manuals, labels and hang tags), maximum speed
capability, speed capability of youth ATVs, service and parking brakes,
pitch stability, electromagnetic compatibility, and sound level limits.
It also requires that ATVs have a certification label indicating that
they comply with the ANSI/SVIA standard.
The CPSIA requires the Commission to publish the ANSI/SVIA standard
in the Federal Register. The Commission is fulfilling this direction by
incorporating the ANSI/SVIA standard by reference. Congress mandated
that the ANSI/SVIA standard will go into effect as a consumer product
safety standard 150 days after it is published in the Federal Register.
The Freedom of Information Act states that a standard that is
incorporated by reference in the Federal Register and made reasonably
available is deemed to be published in the Federal Register. 5 U.S.C.
552(a)(1)(E). Because Congress mandated the standard without any
changes, we believe that it is appropriate to incorporate the standard
by reference.
The standard takes effect as a consumer product safety standard 150
days after this publication in the Federal Register. See 15 U.S.C.
2058(g)(1). This means that ATVs manufactured on or after the effective
date must comply with the standard. They also must meet additional
requirements related to action plans. See 15 U.S.C. 42(a)(2) and
(e)(2), as added by CPSIA Sec. 232. The statute provides: ``After the
standard takes effect, it shall be unlawful for any manufacturer or
distributor to import into or distribute in commerce in the United
States any new assembled or unassembled all-terrain vehicle unless''
the ATV complies with the newly-mandated standard, the ATV is subject
to an ATV action plan filed with and (unless the action plan was filed
with the Commission before August 14, 2008) approved by the Commission,
and the manufacturer or distributor is in compliance with the action
plan. (CPSA Sec. 42(a)(2) as added by CPSIA Sec. 232). Failure to
comply with these requirements is deemed to be a failure to comply with
a consumer product safety standard and subjects the violator to the
penalties and remedies applicable under the CPSA. Id. Sec. 42(a)(3).
2. Action Plans
The statute requires ATV manufacturers and distributors to file
with the Commission an ATV action plan. Unless the ATV action plan was
filed with the Commission before August 14, 2008 the action plan must
be approved by the Commission. The manufacturer or distributor must be
in compliance with the action plan. CPSA Sec. 42(a)(2), as added by
CPSIA Sec. 232.
The statute defines ``ATV action plan'' as a plan or letter of
undertaking describing safety-related actions the manufacturer or
distributor agrees to take concerning ATVs. The plan must be
``substantially similar'' to the action plans distributors entered into
in 1998. CPSA Sec. 42(e)(2), as added by CPSIA Sec. 232.
3. Three-Wheel ATVs
The CPSIA also addresses 3-wheel ATVs. It provides that until the
Commission issues a consumer product safety standard applicable to 3-
wheel ATVs (and the standard goes into effect) ``new 3-wheeled all
terrain vehicles may not be imported into or distributed in commerce in
the United States.'' CPSA Sec. 42(c), as added by CPSIA Sec. 232.
Violation of this restriction is a prohibited act under section
19(a)(1) of the CPSA.
4. Future Actions
The CPSIA provides procedures for modifying the standard in the
future either if SVIA revises the underlying voluntary standard or if
the Commission determines on its own to amend the standard.
The CPSIA also requires the Commission to issue a final rule in its
open rulemaking concerning ATVs. (The Commission issued a notice of
proposed rulemaking related to ATVs on August 10, 2006. See 73 FR
54564.) The CPSIA directs the Commission to consult with the National
Highway Traffic Safety Administration (``NHTSA'') and consider whether
to establish a multiple factor method of categorizing youth ATVs. Also
in consultation with NHTSA, the Commission must review the mandated
ANSI/SVIA standard and ``establish additional safety standards for all-
terrain vehicles to the extent necessary to protect the public health
and safety.'' The statute specifies certain provisions that the
Commission is to consider adding or strengthening. CPSA Sec. 42(d), as
added by CPSIA Sec. 232(a).
The CPSIA also requires the U.S. Government Accountability Office
(``GAO'') to conduct a study of ATVs' utility, recreational and other
benefits and the costs associated with ATV-related accidents and
injuries. CPSIA Sec. 232(b).
List of Subjects in 16 CFR Part 1420
Consumer protection, Imports, Incorporation by reference,
Information, Infants and children, Labeling, Law enforcement,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Safety.
For the reasons stated in the preamble, the Commission amends Title
16 of the Code of Federal Regulations by adding a new part 1420 to read
as follows:
PART 1420--REQUIREMENTS FOR ALL TERRAIN VEHICLES
Sec.
1420.1 Scope, application and effective date.
1420.2 Definitions.
1420.3 Requirements for four-wheel ATVs.
1420.4 Restrictions on three-wheel ATVs.
Authority: The Consumer Product Safety Improvement Act of 2008,
Pub. Law 110-314, Sec. 232, 122 Stat. 3016 (August 14, 2008).
Sec. 1420.1 Scope, application and effective date.
This part 1420, a consumer product safety standard, prescribes
requirements for all terrain vehicles. The requirements for four-wheel
ATVs in Sec. 1420.3 take effect on April 13, 2009, and apply to new
assembled or unassembled ATVs manufactured or imported on or after that
date. The restrictions on three-wheel ATVs stated in Sec. 1420.4 take
effect September 13, 2008.
Sec. 1420.2 Definitions.
In addition to the definitions in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052), the following definitions apply for
purposes of this Part 1420.
(a) All terrain vehicle or ATV means:
[[Page 67387]]
(1) Any motorized, off-highway vehicle designed to travel on 3 or 4
wheels, having a seat designed to be straddled by the operator and
handlebars for steering control; but
(2) Does not include a prototype of a motorized, off-highway, all-
terrain vehicle that is intended exclusively for research and
development purposes unless the vehicle is offered for sale.
(b) ATV action plan means a written plan or letter of undertaking
that describes actions the manufacturer or distributor agrees to take
to promote ATV safety, including rider training, dissemination of
safety information, age recommendations, other policies governing
marketing and sale of the ATVs, the monitoring of such sales, and other
safety related measures, and that is substantially similar to the plans
described under the heading ``The Undertakings of the Companies'' in
the Commission Notice published in the Federal Register on September 9,
1998 (63 FR 48199-48204).
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
(American National Standards Institute, Inc. ANSI/SVIA 1-2007),
approved July 23, 2007. 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, California 92618-3806;
telephone 949-727-3727 ext. 3023; https://www.svia.org. You may inspect
a copy at the Office of the Secretary, U.S. Consumer Product Safety
Commission, Room 502, 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: https://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
(b) Each ATV must be subject to an ATV action plan filed with the
Commission before August 14, 2008 or subsequently filed with and
approved by the Commission, and shall bear a label certifying such
compliance and identifying the manufacturer, importer or private
labeler and the ATV action plan to which it is subject.
(c) The ATV manufacturer or distributor shall be in compliance with
all provisions of the applicable ATV action plan.
Sec. 1420.4 Restrictions on three-wheel ATVs.
Until a mandatory consumer product safety standard applicable to
three-wheel ATVs promulgated pursuant to the Consumer Product Safety
Act is in effect, new three wheel ATVs may not be imported into or
distributed in commerce in the United States.
Dated: November 7, 2008.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E8-26974 Filed 11-13-08; 8:45 am]
BILLING CODE 6355-01-P
