Standard for All-Terrain Vehicles, 48398-48406 [2023-15478]

Agencies

• Consumer Product Safety Commission

[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: 
[email protected]. 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 https://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: [email protected].
    Docket: For access to the docket to read background documents or 
comments received, go to: https://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: 
[email protected].

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.
---------------------------------------------------------------------------

    \4\ Source: Power Products Marketing, Prairie Eden, MN, 2021.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \7\ Source: Power Products Marketing, Prairie Eden, MN, 2021.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

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: [email protected].

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: 
[email protected].

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-15478 Filed 7-26-23; 8:45 am]
BILLING CODE 6355-01-P