Standard for All-Terrain Vehicles, 4188-4195 [2024-01309]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Rules and Regulations]
[Pages 4188-4195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01309]


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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: Final rule.

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SUMMARY: The Consumer Product Safety Act (CPSA), as amended by the 
Consumer Product Safety Improvement Act of 2008 (CPSIA), required the 
Consumer Product Safety Commission (CPSC or the Commission) to publish, 
as a mandatory consumer product safety standard, the American National 
Standard for Four-Wheel All-Terrain Vehicles (ATVs) developed by the 
Specialty Vehicle Institute of America (ANSI/SVIA 1-2007). CPSC 
published that mandatory consumer product safety standard in November 
2008. In March 2023, ANSI/SVIA issued a 2023 edition of its standard. 
In accordance with the CPSA, CPSC is issuing this final rule to amend 
the Commission's mandatory ATV standard to reference the 2023 edition 
of the ANSI/SVIA 1 standard.

DATES: This rule is effective on January 1, 2025. The incorporation by 
reference of the publication listed in this rule is approved by the 
Director of the Federal Register as of January 1, 2025.

FOR FURTHER INFORMATION CONTACT: William Cusey, Small Business 
Ombudsman, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, Maryland 20814; telephone: 301-504-7833; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Statutory Authority

    Section 42 of the CPSA, as amended by section 232 of the CPSIA, 
directed the Commission to ``publish in the Federal Register as a 
mandatory consumer product safety standard the American National 
Standard for Four-Wheel All-Terrain Vehicles Equipment Configuration, 
and Performance Requirements developed by the Specialty Vehicle 
Institute of America (American National Standard ANSI/SVIA 1-2007).'' 
15 U.S.C. 2089(a)(1). Accordingly, on November 14, 2008, CPSC published 
a final rule, codified at 16 CFR part 1420, establishing ANSI/SVIA 1-
2007 as a mandatory consumer product safety standard. 73 FR 67385.
    Section 42(b) of the CPSA provides that if ANSI/SVIA 1-2007 is 
revised after the Commission has published a Federal Register notice 
mandating the

[[Page 4189]]

standard as a consumer product safety standard, ANSI must notify the 
Commission of the revision, and the Commission has 120 days after it 
receives that notification to issue a notice of proposed rulemaking to 
amend the Commission's mandatory ATV standard ``to include any such 
revision that the Commission determines is reasonably related to the 
safe performance of all-terrain vehicles, and notify the Institute of 
any provision it has determined not to be so related.'' 15 U.S.C. 
2089(b)(1) and (2). The Commission has 180 days after publication of 
the proposed amendment to publish a final amendment to revise the ATV 
standard. 15 U.S.C. 2089(b)(2).
    In 2012, the Commission revised part 1420 in accordance with the 
revision procedures set out in the CPSA, to reference the 2010 edition 
of the ANSI/SVIA 1 standard. 77 FR 12197 (February 29, 2012). In 2018, 
the Commission published a final rule that amended the mandatory ATV 
standard to reference the 2017 edition of the ANSI/SVIA 1 standard. 83 
FR 8336 (February 27, 2018).\1\
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    \1\ On January 5, 2024, the Commission voted (3-1) to approve 
publication of this final rule. Commissioner Trumka issued a 
statement in connection with his vote, available at: https://www.cpsc.gov/content/RCA-Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Draft-Final-Rule.
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II. The ANSI/SVIA 1-2023 Standard and Proposed Rule

    On March 21, 2023, SVIA notified the Commission of its publication 
of a revised ATV standard, ANSI/SVIA 1-2023. On July 27, 2023, the 
Commission published a proposed rule (NPR), 88 FR 48398, to amend part 
1420 to reference the 2023 edition of the ANSI/SVIA 1 standard. In the 
NPR, the Commission described the material changes made in ANSI/SVIA 1-
2023: requirements for hot surfaces; requirements for fuel systems; 
removal of the maximum recommended tire pressure of 69 kPa (10 psi); 
and removal of the current requirement that paper user manuals be 
provided with all ATVs--all with an effective date ``beginning with 
2026 model year vehicles.''

A. Hot Surfaces

    ANSI/SVIA 1-2023 Section 12, Hot Surfaces, newly requires all 
categories of ATVs to meet surface temperature limits. The July 27, 
2023, Staff Briefing Package: Notice of Proposed Rulemaking (NPR) to 
Amend the All-Terrain Vehicle (ATV) Standard (Staff's NPR Briefing 
Package) \2\ provides a detailed analysis of the ATV test methods and 
maximum allowable surface temperatures that can mitigate the risk of 
contact burns.
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    \2\ Staff's NPR Briefing Package is 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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    Section 12 provides a method to evaluate the increase in surface 
temperatures that occurs when an ATV is subjected to a driving test. 
This test evaluates the heat generated from a test vehicle's 
components, including the exhaust and engine components, when the 
vehicle is driven for 30 minutes at a maximum speed of 20 mph. After 
the driving portion of this test, whether performed on a test track or 
chassis dynamometer, the test instrumentation records surface 
temperature data throughout the ``heat soak'' period, during which the 
heat load generated by the exhaust and surrounding components transfer 
to other parts of the ATV. The performance requirement in Section 12 
limits the maximum temperatures for various touch points per Table 1:

                              Table 1--ANSI/SVIA 1-2023 Surface Temperature Limits
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                                                                            Maximum material temperature limits,
                                                                                     source: ISO 13732-1
            Touch point category                Typical contact duration   -------------------------------------
                                                                                Metal, no
                                                                                 coatings      Plastics, general
----------------------------------------------------------------------------------------------------------------
Continuous.................................  1 minute or longer...........     44 [deg]C (111     44 [deg]C (111
                                                                                      [deg]F)            [deg]F)
Intermittent...............................  4 seconds or longer but less      51 [deg]C (124     60 [deg]C (140
                                              than 1 minute.                          [deg]F)            [deg]F)
Momentary..................................  1 second or longer but less       58 [deg]C (136     76 [deg]C (169
                                              than 4 seconds.                         [deg]F)            [deg]F)
Incidental.................................  Less than 1 second...........     64 [deg]C (147     85 [deg]C (185
                                                                                      [deg]F)            [deg]F)
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    These surface temperature limits are comparable to those that apply 
to other consumer products that can pose contact burn hazards. The ANSI 
Z21.1-2018 Standard for Household Cooking Gas Appliances, for example, 
has maximum allowable surface temperatures of 83.5 [deg]C for plastic 
surfaces and 66.5 [deg]C for metal surfaces of gas ranges, which are 
comparable to the temperature limits set in ANSI/SVIA 1-2023. In the 
NPR, the Commission preliminarily concluded 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 as specified 
in CPSA section 42(b) and recommended including this revision in the 
final rule.

B. Fuel Systems

    ATVs equipped with gasoline-fueled engines can have fuel breaches 
from various locations including fuel hose connections, fuel tank 
cracks, and fuel filter cracks, among others. The 2023 edition of the 
ANSI/SVIA standard adds performance requirements to mitigate the risk 
of fuel leaks and fire hazards. Section 13 of ANSI/SVIA 1-2023, Fuel 
Systems Requirements, specifies comprehensive performance requirements 
applicable to various elements of the vehicle's fuel system that may 
contribute to fuel leaks and fire hazards. No previous edition of ANSI/
SVIA 1 has included performance requirements to address fire hazards 
from fuel leaks.
    The new performance requirements to mitigate fuel leaks are the 
following:
     Fuel Tank Structural Integrity: Sections 13.3 and 13.5 
Fuel Tank Immersion Leak Test and Fuel Tank Cyclic Pressure Integrity 
Test, Section 13.6 Fuel Soak Test for Plastic Tanks and Assemblies with 
Grommets and Seals, Section 13.7.1 Fuel Tank Impact Integrity Test, and 
Sections 13.8 and 13.15 Fuel Tank Protection Envelope Analysis and Fuel 
Tank Venting;
     Fuel Hoses: Section 13.9 Fuel Line Integrity and Section 
13.10 Fuel Line Connection Tensile Test;
     Fuel Filter and Shut-off Valve: Section 13.4 Fuel Filter 
and Shut-off Valve Immersion Leak Test; and
     Elastomeric Component Durability: Section 13.11 Fuel 
Resistance Test, Section 13.12 Ozone Resistance, Section 13.13 
Ultraviolet (UV) Resistance Test, and Section 13.14Corrosion 
Resistance.

[[Page 4190]]

    Most of these requirements are one-time design qualification tests. 
The one-time qualification tests require manufacturers to conduct a 
single test for certification that the design of a fuel system meets 
all the applicable requirements, after which components of individual 
vehicles may be manufactured to those design specifications without 
further testing. Only the Section 13.3 Fuel Tank Immersion Leak Test 
and 13.4 Fuel Filter and Shut-off Valve Immersion Leak Test must be 
performed on each fuel tank unit before they are installed on a 
manufacturer's ATV production line.
    The one-time qualification tests to evaluate fuel tank structural 
integrity performance involve impacts, cyclical pressure to simulate 
ambient temperature fluctuations, elevated temperature environments, 
and simulated rollover scenarios. The required tests evaluate the 
leakage rates of rollover vent valves in rollover scenarios; the 
integrity of fuel hose connections; fuel filters and fuel shutoff 
valves' ability to resist leakage; and elastomeric (rubber) components' 
ability to resist ultraviolet (UV), ozone, and chemical exposures. The 
NPR Staff Briefing Package provides detailed explanations of the 
various subsections of Section 13 that will mitigate fire risks from 
fuel leaks.\3\
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    \3\ Briefing Memorandum and Tab A of NPR to Amend ATV Standard, 
July 2023: 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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    The fuel system performance requirements in Section 13 are directed 
at reducing the risk of fuel leaks due to possible fuel breaches, over 
pressurizations, fuel spills, and component deterioration. Thus, in the 
NPR, the Commission preliminarily concluded that the fuel system 
performance requirements in Section 13 of the 2023 edition of the ANSI/
SVIA standard are reasonably related to the safe performance of ATVs 
and recommended including this revision in the final rule.

C. Removal of the Maximum Recommended Tire Pressure

    Section 4.19 Tires of the 2007, 2010, and 2017 editions of the 
ANSI/SVIA 1 standard defined ``low-pressure tires'' as ``having a 
recommended tire pressure of no more than 69 kPa (10 psi).'' Section 
4.19 of the 2017 standard differentiates between Pneumatic Tires 
(Section 4.19.1) and Non-Pneumatic Tires (NPTs) (Section 4.19.2) and 
sets a Pneumatic Tire requirement of ``Maximum recommended tire 
pressure of 69 kPa (10 psi).'' Section 4.19.2 specifies ``NPTs [sic] 
vertical stiffness shall be designed to produce a ground pressure of 
69kPa (10 psi) or less with the subject vehicle.'' In the 2023 
revision, however, the tire pressure value for Pneumatic Tires and 
vertical stiffness equivalent tire pressure value for NPTs have been 
deleted.
    In the NPR, the Commission preliminarily concluded that the removal 
of a maximum tire pressure from the ANSI/SVIA 1-2023 standard is 
reasonably related to the safe performance of ATVs and not detrimental 
to ATV safety, and accordingly proposed including this revision in the 
final rule.

D. Owner's Manual

    The 2023 edition of ANSI/SVIA 1 removes a phrase stating that 
mandatory owner's manuals ``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 of the 2023 
revision instead states that ``[a]ll ATVs shall be provided with a 
manual in paper or electronic form 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'' (emphasis added).
    Based on the increased risk of consumers not receiving information 
on the safe use of ATVs if that information is only electronically 
available, the Commission preliminarily concluded in the NPR that this 
provision is not consistent with the safe operation of ATVs and 
proposed maintaining in effect the 2017 version of Section 4.21.

E. Effective Date

    The CPSA provides a timetable for the Commission to issue an NPR 
(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 set an effective date of 60 days from 
publication of the final rule. 77 FR 12197. The Commission set that 
date after considering comments from several ATV companies to allow 
them additional time to update their certification labels. When the 
Commission adopted the 2017 revision to the ANSI/SVIA standard, it set 
an effective date of January 1, 2019, approximately 10 months after 
publication of the final rule, after considering SVIA's comments about 
the time needed for manufacturers to make the required changes. 83 FR 
8336 (Feb. 27, 2018).
    The ANSI/SVIA 1-2023 standard provides that the revised voluntary 
standard is effective beginning with the 2026 model year. However, it 
does not set a specific date. In the NPR, the Commission proposed a 
specific effective date of September 1, 2024. The proposed effective 
date was based on staff's assessment of the time needed to comply with 
changes to the safety standard, the need for a date certain to 
facilitate industry planning, and that the proposed effective date was 
reasonably related to consumer safety. The proposed rule's effective 
date also was based on staff's assessment that many ATVs already meet 
some of the new requirements in ANSI/SVIA 1-2023, and the changes from 
the 2017 to the 2023 voluntary standard will not require significant 
redesign or testing, both of which facilitate timely compliance.
    The Commission preliminarily concluded in the NPR that its proposed 
effective date was reasonable, feasible, and adequate to protect 
consumer safety because:
     All ATVs' gasoline powered engines and associated 
components sold in the U.S. are regulated by the U.S. Environmental 
Protection Agency (EPA) for exhaust and evaporative emissions, see 40 
CFR 1051.515(d) (fuel tank permeation testing) which makes them exempt 
from having to test per ANSI/SVIA 1-2023's Section 13.5 Fuel Tank 
Cyclic Pressure Integrity Test.
     The NPR's proposed effective date would allow adequate 
time for resolution of supply chain issues, quality control issues, and 
any other issues that might arise.
     The timeline in the Commission's proposed rule 
incorporating by reference the SVIA 1-2023 standard was similar to the 
timeline for its rule incorporating by reference 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 NPR's proposed interval).

III. Response to Comments on the Proposed Rule

    The Commission received comments on the NPR from 11 commenters. 
Some comments are not relevant to any of the material changes in the 
ANSI/SVIA 1-2023 standard, described above. Below, the Commission 
summarizes and

[[Page 4191]]

responds to the significant issues in the relevant comments.

A. Fuel Systems (Section 13 of ANSI/SVIA 1-2023)

    Comment: Safety Research and Strategies (SRS) (commenter ID CPSC-
2017-0032-0041) and Consumer Federation of America (CFA) (commenter ID 
CPSC-2017-0032-0046) assert the fuel system performance requirements in 
Section 13 of ANSI/SVIA 1-2023 are not effective because they do not 
reflect real-world scenarios in which fuel system components can be 
compromised, such as rollovers or collision events.
    Response: Section 13 of ANSI/SVIA 1-2023 contains multiple new 
performance requirements to mitigate fuel leakage in various real-world 
scenarios, and therefore improves the safety of ATVs. The NPR Staff 
Briefing Package discusses the various subsections of Section 13 that 
will mitigate fire risks from fuel leaks.\4\
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    \4\ Briefing Memorandum and Tab A of the Notice of Proposed Rule 
(NPR) to Amend the All-Terrain Vehicle (ATV) Standard, July 2023, 
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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    For example, to mitigate fuel hoses sliding off during operation, 
Section 13.10 requires fuel hoses to retain connection to a hose barb 
or other fuel fitting, such as a fuel rail nozzle, when subjected to a 
30 lb. tensile (pull) test. This 30-lb pull test requirement would 
protect a fuel hose from sliding off in scenarios such as: engine 
vibrations; vegetation or other debris getting caught around a fuel 
hose; or due to an owner inadvertently pulling on a hose during 
inspection of the vehicle.
    To resist fuel tank cracking or other forms of fuel breach from the 
fuel tank, unprotected areas of fuel tanks are subjected to a new 
impact test per Section 13.7.1 of ANSI/SVIA 1-2023. An ATV manufacturer 
has two options for performing this test: (i) striking the fuel tank 
surface with a 2-inch diameter, 1.18 lb. sphere (e.g., chrome steel 
ball bearing) that is dropped from 1.3 meters (51 inches) after the 
sample fuel tank has been conditioned for 24 hours in a cold chamber 
set at 4 [deg]F; or (ii) dropping a sample fuel tank filled with 
antifreeze from a height of 1.2 m (49 inches) onto a concrete surface 
(the SAE J288 snowmobile fuel tank test method) after the sample has 
been conditioned for five hours in a cold chamber set at -40 [deg]F. 
Both test methods ensure that a fuel tank can withstand impact at 
approximately 11mph. These tests simulate real scenarios, as fuel tanks 
are subjected to temperature extremes and plastic fuel tanks may be 
susceptible to thermal expansion and contraction, which may lead to 
stress cracks and fuel leaks. Also, loose debris such as stones may 
strike unprotected areas of the fuel tanks. These test requirements 
accordingly will help ensure the structural integrity of ATV fuel 
tanks.
    Section 13.7.2 outlines a performance test that positions a fuel 
tank filled with water at a 90[deg] angle from the horizontal. The fuel 
tank and its components, such as hoses and valves, are required to not 
have any leakage in order to pass this test. This test evaluates the 
potential fuel leakage scenarios of an ATV that has rolled over.
    Section 13.15 evaluates fuel leakage from a rollover vent valve. A 
test fuel tank filled with water is positioned upside down and the fuel 
tank is observed for leakage from the rollover vent valve.
    The Commission finds that the various performance tests of Section 
13 of ANSI/SVIA 1-2023 simulate real world scenarios and promote fuel 
systems' structural integrity. Furthermore, the commenters have not 
recommended any alternative test methods that are improvements over the 
current Section 13 performance requirements. Thus, the final rule 
adopts Section 13 of ANSI/SVIA 1-2023, without change, as part of the 
mandatory standard.

B. Paper Owner's Manuals (Section 4.21 of ANSI/SVIA 1-2023)

    Comment: SVIA supports the voluntary standard's treatment of 
electronic owner's manuals as an alternative to paper owner's manuals. 
Section 4.21 of ANSI/SVIA 1-2023 states ``[a]ll ATVs shall be provided 
with a manual in paper or electronic form at the time of delivery to 
the first purchaser.'' SVIA supports electronic owner's manuals because 
they offer the advantages of being keyword searchable and downloadable 
if the paper manual is lost.
    Conversely, SRS and CFA support maintaining owner's manuals on 
paper as the default medium. In particular, CFA states:

    The default must be paper manuals. Anything less, including an 
electronic format only manual, is a serious reduction in [safety]. 
Considering the use of these vehicles--hunting, fishing, camping, 
trailing riding, and other outdoor recreation--consumers need access 
to paper manuals if they encounter issues where there is no internet 
or electronic devices are unavailable.

    Response: The Commission agrees with SRS and CFA that eliminating 
the requirement for paper manuals would lead to a reduction in safety. 
While SVIA advocates electronic owner's manuals because they have the 
advantages of being keyword searchable and downloadable if the paper 
manual is lost, the key assumption--which may be incorrect--is that at 
the time an ATV owner is seeking safety-related information from the 
owner's manual, the owner will have an electronic device and/or an 
internet connection to access the manual. As SRS points out, ``ATVs, 
like other off-road vehicles, often travel to remote areas that may be 
beyond cellular phone service range or to an area without sufficient 
signal to download or open a manual.''
    The Commission accordingly determines that this revision in ANSI/
SVIA 1-2023 is not reasonably related to the safe performance of ATVs 
because it would reduce the safety of using ATVs. Consistent with the 
NPR, the Commission will retain the requirement for a paper owner's 
manual, as stated in Section 4.21 of the ANSI/SVIA 1-2017. 
Manufacturers are free to supplement the paper manuals with electronic 
manuals to achieve the additional benefits identified by SVIA.

C. Tire Pressure (Section 4.19 of ANSI/SVIA 1-2023)

    Comment: SVIA supports adopting the 2023 revision's removal of the 
10 psi (69 kPa) maximum recommended tire pressure requirement on the 
basis that it ``fails to reflect technological advancements in design 
of ATV suspension components.'' SVIA asserts that ``[l]ow-pressure 
tires were originally required on early ATVs as a basic means of 
vibration dampening because vehicles lacked more sophisticated 
suspension equipment'' and are no longer required due to improved 
suspension systems. Conversely, CFA ``suggests'' rejecting ANSI/SVIA 1-
2023's removal of the maximum recommended tire pressure from Section 
4.19 of the standard. CFA states that it ``is concerned that removing 
the maximum recommended tire pressure of 69 kPa (10 psi) may not be 
safety neutral if manufacturers or users disregard warnings not to use 
ATVs on public roads and paved surfaces.''
    Response: The Commission agrees with SVIA that the evolution of 
more robust suspension systems for ATVs has addressed energy absorption 
during riding without the need to restrict tire pressures. Although CFA 
correctly identifies the hazard associated with misuse of ATVs on-road, 
it does not provide, nor is the Commission aware of, any evidence 
showing that use of ATVs on paved roads would be more

[[Page 4192]]

hazardous with higher recommended tire pressures. Further, as SVIA 
points out, removing the maximum tire pressure limitation would allow 
innovations in ATV tires and suspension systems that could lead to 
improvements in vehicle safety. For this reason, the Commission 
concludes on the record currently before us that the change allowing 
manufacturers to set the optimum tire inflation pressures for each ATV 
model will not reduce safety and is reasonably related to the safe 
operation of an ATV. Thus, the Commission adopts Section 4.19 of ANSI/
SVIA 1-2023 in the final rule without any change.

D. The Effective Date of the Final Rule

    Comment: SVIA objects to the NPR's proposed effective date of 
September 1, 2024, noting that Section 1 Scope of ANSI/SVIA 1-2023 
states that the voluntary standard becomes effective beginning with 
Model Year 2026. SVIA states that the product development cycle for 
ATVs is two or more years to design and develop new models. SVIA 
contends that model year designations are typical in the ATV industry 
and other vehicle industries. SVIA states that EPA emissions 
requirements are based on model year. SVIA advocates that if the 
Commission's final rule substitutes a specific calendar date for the 
model year effective date contained in the SVIA voluntary standard, the 
date should be no earlier than September 30, 2025, to account for the 
variations in the model year production cycles of affected ATV 
manufacturers.
    Response: Manufacturers have varying schedules for manufacturing, 
importing, and distributing vehicles of the same model year, making 
CPSC enforcement of a rule based on a model year--without a specific 
effective date--impractical. For compliance and enforcement purposes, 
and for clarity for industry and consumers alike, the final rule 
provides a specific effective date for the safety improvements in the 
2023 standard revision. Indeed, for CPSC rules the Office of the 
Federal Register (OFR) requires a specific effective date. See 1 CFR 
18.17(a) (``Each document submitted for publication in the Federal 
Register that includes an effective date or time period should either 
set forth a date certain or a time period measured by a certain number 
of days after publication in the Federal Register.'').
    In June 2017, SVIA notified the Commission of publication of the 
2017 edition of the ANSI/SVIA 1 standard. The final rule established an 
effective date of January 1, 2019, which was 18 months from 
notification by SVIA to the effective date. That revision included 
significant changes to the ANSI/SVIA 1 standard, including new 
requirements for stop lamps or combination tail-stop lamps on specified 
ATVs as well as reflector requirements for all ATVs. Nothing in SVIA's 
comments or elsewhere in the record suggests that manufacturers had 
difficulty complying with the 2017 revision on that timeline. Compared 
to the Commission's successfully implemented rule adopting the 2017 
revision, the January 1, 2025, effective date for this rule provides 
manufacturers more time to comply: The period from SVIA's notification 
of the revision to the effective date is longer; the period from 
publication of the NPR to the effective date is longer; and the period 
from publication of this final rule to the effective date is longer.
    The ANSI/SVIA 1-2023 standard was developed by SVIA member 
companies, an ATV test laboratory, a consumer advocacy group, 
individual ATV users, and U.S. and Canadian Government agencies through 
a consensus process. The consensus process started in September 2018 
and ended in March 2023.\5\ Thus, SVIA canvass members have been aware 
of the requirements in the 2023 edition of the ANSI/SVIA 1 standard 
since March 2023 at the latest.
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    \5\ Voluntary Standards Meeting with Recreational Off-Highway 
Institute (ROHVA), SVIA, and Outdoor Power Equipment Institute 
(OPEI) to discuss Off-Highway Vehicle (OHV) Fire and Debris 
Penetration Hazards, September 19, 2018. Weblink to Meeting Log: 
https://www.cpsc.gov/s3fs-public/2018-09-19%20Voluntary%20Standards% 
20Meeting%20on%20Off-
Highway%20Vehicles.pdf?GhlbD87TF1W8m6F9B10g2CpZTCNzSrjP.
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    Nevertheless, the Commission takes SVIA's point that model year 
cycles are relevant to the industry. Accordingly, to align with the 
successful implementation of the 2017 revision, the September 1, 2024, 
effective date in the NPR will be extended to January 1, 2025. This 
makes the rule effective on the first of the calendar year. Just as 
with the 2017 revision, the rule will take effect at exactly the same 
time in the model year.
    The particulars of the 2023 standard revision provide CPSC 
additional confidence that the January 1, 2025, date can be met. 
Because ATVs' gasoline engines and associated components sold in the 
U.S. are regulated by the EPA for exhaust and evaporative emissions, 
they will be exempt from the Fuel Tank Cyclic Pressure Integrity Test 
per Section 13.5 of ANSI/SVIA 1-2023. In addition, due to existing EPA 
regulations, most ATV manufacturers will already satisfy some of the 
new criteria of ANSI/SVIA 1-2023 with no additional effort.
    Further, nearly all the fuel system performance requirements in 
Section 13 of the ANSI/SVIA 1-2023 are one-time proof of design 
qualification verification tests that do not burden manufacturers with 
production line testing of every fuel system component or fuel system 
assembly. There are only a few tests, such as the water immersion fuel 
tank leakage test in Section 13.3, that require every fuel tank to be 
tested.
    Finally, similar fuel system requirements for other off-highway 
vehicle voluntary standards have had effective dates as short as 12 
months after publication of the voluntary standard. For example, the 
2012 edition of the golf car standard, ANSI/ILTVA (International Light 
Transportation Vehicle Association) Z130.1-2012, had an effective date 
of one year after publication of the voluntary standard. Section 11.3.5 
of that standard includes the same rollover vent leakage test as 
Section 13.15 of the ANSI/SVIA 1-2023 standard. The history of industry 
compliance with the 12-month effective date for ANSI/ILTVA Z130.1-2012 
supports the feasibility of the final rule`s timeframe.
    For all these reasons, and having considered the comments as 
discussed above, the final rule establishes an effective date of 
January 1, 2025. This date balances the commenter's pragmatic concerns 
against the safety benefit of updating the mandatory standard to 
protect consumers from harm.

E. Other, Out of Scope, Comments

    Comment: CFA recommends that ATVs be equipped with seat belts and 
roll cages to aid in protecting the ATV rider. CFA asserts that speed 
limiting devices can be defeated by children and that there are high 
failure rates associated with such devices. CFA commented that Type I 
ATVs with longer seats may encourage a passenger to ride with an ATV 
driver, although there are warnings to discourage passengers and to 
alert consumers that these Type I ATVs are not designed for use with a 
passenger in addition to a driver. Type II ATVs are intended for 
passengers; however, CFA expresses the opinion that Type II ATVs should 
not allow a passenger to ride with an ATV driver.
    Mariam Grace (commenter ID CPSC-2017-0032-0040) recommends that to 
ensure safe operation of ATVs, the Commission should set minimum age 
requirements for their use and require extensive training for the safe 
operation of ATVs. The Toy Association (commenter ID CPSC-2017-0032-
0043) notes that the definition of a ``youth

[[Page 4193]]

ATV'' in ANSI/SVIA 1-2023 may overlap in some instances with the 
definition of a ``ride on toy'' in ASTM 963 Toy Standard. The Toy 
Association expresses concern that if a toy within the scope of ASTM 
F963 has been mis-identified as falling under the scope of a youth ATV 
per 16 CFR part 1420 and ANSI/SVIA 1, the toy manufacturer is faced 
with an impossible situation whereby compliance with these (non-toy) 
requirements results in the mandate for an ``ATV Action Plan'' to be 
generated and filed with the Commission, and instructional material 
will be required to state ``this is not a toy'' in contradiction of the 
design and stated intent of the product, and despite the requirement to 
comply with the mandatory toy standard under 16 CFR part 1250.
    Response: The Commission welcomes dialogue on the above issues and 
their discussion in future SVIA voluntary standards meetings. However, 
these comments are not related to the changes made in ANSI/SVIA 1-2023. 
The 2023 version of the SVIA 1 standard does not change the sections 
and definitions described by these commenters.

IV. Description of the Final Rule

    The final rule revises 16 CFR 1420.3(a), ``Requirements for four-
wheel ATVs,'' to incorporate by reference the ANSI/SVIA 1-2023 
standard, instead of the ANSI/SVIA 1-2017 standard. 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, sound 
level limits, hot surfaces, and fuel systems. Revisions incorporated 
into ANSI/SVIA 1-2023 are described in section II of this preamble. The 
final rule, however, maintains the requirement for paper manuals in 
ANSI/SVIA 1-2017.

V. Effective Date

    The Commission has set an effective date of January 1, 2025, 
requiring that all ATVs manufactured on or after January 1, 2025, must 
comply with the final rule.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies review a proposed rule for its potential economic impact on 
small entities, including small businesses. The NPR explained that the 
most significant changes in the 2023 revision of the voluntary standard 
involve requirements for fuel systems and hot surfaces and CPSC's 
analysis is that many ATVs already comply with some of these 
requirements, and therefore the primary cost to manufacturers would be 
the costs of one-time design qualification tests and production part 
testing. Because, however, none of the 14 domestic ATV manufacturers 
the Commission identified meet Small Business Association (SBA) 
criteria to be considered a small business, CPSC preliminarily assessed 
that the proposed rule would not have a significant adverse economic 
impact on any domestic small ATV manufacturers. CPSC further assessed 
that foreign manufacturers are unlikely to exit the ATV market and are 
likely to issue General Certificates of Conformity (GCCs), such that 
the rule would not have a significant, adverse economic impact on ATV 
importers. 88 FR 48398, 48401-02. The Commission requested comments 
with data supporting or refuting whether there are ATV manufacturers 
that may meet the SBA criteria to be considered small businesses.
    No commenter identifies any ATV manufacturer that may meet the SBA 
criteria to be considered a small business. The Commission also did not 
receive any comments addressing whether the proposed rule will have a 
significant economic impact on a substantial number of small entities. 
Accordingly, consistent with the NPR, the Commission certifies that the 
final rule will not have a significant economic impact on a substantial 
number of small entities.

VII. Paperwork Reduction Act

    This rule contains no new information collection requirements. 
Accordingly, this rule is not subject to the Paperwork Reduction Act of 
1995 (PRA; 44 U.S.C. 3501-3521). The Commission did not receive any 
comments on the PRA burden estimate included in the NPR; therefore, in 
this final rule, the Commission presents its analysis of its PRA burden 
included in the NPR, which remains the same, with only minor 
corrections to the calculations for information purposes. Other CPSC 
rulemaking, using different sets of assumptions, generate estimates in 
the same range. The Commission did not receive any comments on the PRA 
burden estimate included in the NPR.
    The rule amends the ATV standard to mandate industry compliance 
with ANSI/SVIA 1-2023. The standard's requirements include provisions 
that fall within the definition of ``collection of information,'' as 
defined in 44 U.S.C. 3502(3). Under the PRA, an agency must publish the 
following information for a collection of information:
     title;
     summary;
     brief description of the need for the information and the 
use of the information;
     description of the likely respondents and frequency of 
response to the collection of information;
     estimate of the burden that shall result from the 
collection of information; and
     notice that comments may be submitted to the Office of 
Budget Management (OMB).
    This information appears below.
    Title: Standard for All-Terrain Vehicles.
    Summary and Description: The rule amends the ATV standard to 
mandate industry compliance with ANSI/SVIA 1-2023, American National 
Standard for Four-Wheel ATVs. The rule requires ATVs to comply with 
ANSI/SVIA 1-2023, including certification testing in support of GCCs 
required by section 14 of the CPSA. GCCs must comply with 16 CFR part 
1110 concerning the content of the GCC, retention of the associated 
records, and other applicable requirements. The preparation of the GCC 
falls within the definition of ``collection of information'' as defined 
in 44 U.S.C. 3502(3). Requirements of the 2023 revision that are 
unchanged from the previous version of the standard, ANSI/SVIA 1-2017, 
such as labels, hang tags, and instruction manuals, are not included in 
this PRA analysis.
    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 2, below, summarizes our 
estimation of annual reporting burden hours and cost.

[[Page 4194]]



                                                       Table 2--Estimated Annual Reporting Burden
                                                         [Some numbers adjusted due to rounding]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Number of     Frequency of    Total annual      Hours per     Total burden
                       Burden type                          respondents      responses       responses       response          hours        Annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Labor Burden:
    GCC Preparation.....................................              38               1              38             1.5              57          $2,098
    One-Time Design Qualification Testing Recordkeeping.              25             1.9              48               8             382         $14,072
                                                         -----------------------------------------------------------------------------------------------
        Total Burden....................................  ..............  ..............  ..............  ..............             439         $16,170
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: In the NPR (88 FR 48398), pursuant to 44 U.S.C. 
3506(C)(2)(A), the Commission invited comments on the Commission's 
assessment of the burden of these information collection requirements.

PRA Burden Estimation

    This section describes the development of staff's burden estimates 
summarized in Table 2, above.

GCC Preparation

    Section 14 of the CPSA requires manufacturers and importers of ATVs 
to prepare GCCs. Based on current ATV action plans filed with CPSC, 
there are 38 entities that supply, or intend to supply, ATVs to the 
U.S. market. 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, staff assumed that all 38 
entities (both manufacturers and importers) are currently supplying 
ATVs to the U.S. market and used this number to estimate 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. Staff 
estimates the time required to produce this GCC is about 1.5 person 
hours per year. Therefore, the estimated burden associated with GCCs is 
57 person hours (38 entities x 1 GCC per year x 1.5 hours per GCC = 57 
person hours). To generate the estimated annual cost to industry 
associated with GCCs, 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.\6\ Therefore, the 
estimated annual cost to industry associated with preparation of the 
GCCs is approximately $2,098 ($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).
---------------------------------------------------------------------------

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, staff considers this scenario unlikely, 
and for several of the importers, cost prohibitive. Therefore, staff 
assumes entities conducting certification testing and associated 
recordkeeping are limited to ATV manufacturers. Based on 2020 sales 
data,\7\ 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\ Power Products Marketing, USATVDBAdultYouth'94--'20--CPSC 
and Non-MIC ATV Database '20--CPSC databases, Prairie Eden, MN, 
2021.
---------------------------------------------------------------------------

    Staff estimates the average life cycle of an ATV model is 
approximately five years, which implies each manufacturer will conduct 
one-time design qualification testing on approximately 1.9 models per 
year (239 models / 25 entities / 5 years = 1.912, or about 1.9 models 
per entity per year). Staff estimates the time required to create and 
maintain certification records to be approximately eight person hours 
per model. Therefore, the estimated labor burden associated with 
certification testing recordkeeping is approximately 382 person hours 
(25 entities x 1.912 ATV models per year x 8 person hours per model = 
382.4 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 approximately $14,072 ($36.80 per person hour x 382.34 
person hours = $14,072.32).

Summary of Burden Hours and Cost

    Based on this analysis, the final rule would impose an annual 
burden to industry of approximately 439 hours per year (57 for 
preparation of the GCC and 382.4 hours for recordkeeping associated 
with the certification tests upon which the GCCs are based). The 
estimated annual cost is approximately $16,170 ($2,097.6 and $14,072.32 
for GCC preparation and certification testing recordkeeping, 
respectively).
    The above estimates are a conservative estimate of the average 
annual burden to ATV entities. The rule requires all ATVs manufactured 
on or after January 1, 2025, 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 a fewer number of ATV models will require design updates.
    As stated above, CPSC did not receive any comments on the PRA 
burden estimate. CPSC has submitted the information collection 
requirements of this final rule to OMB for review in accordance with 
PRA requirements. 44 U.S.C. 3507(d).

VIII. Environmental Considerations

    The Commission's regulations provide a categorical exemption for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement as they ``have little 
or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(1). This amendment falls within the categorical exemption.

IX. Incorporation by Reference

    The OFR has regulations concerning incorporation by reference. 1 
CFR part 51. For a final rule, agencies must discuss in the preamble to 
the rule ways that the materials the agency incorporates by reference 
are reasonably available to interested persons and how

[[Page 4195]]

interested parties can obtain the materials. In addition, the preamble 
to the final rule must summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, this preamble summarizes 
the provisions of ANSI/SVIA 1-2023, American National Standard for Four 
Wheel All-Terrain Vehicles, ANSI-approved March 17, 2023, that the 
Commission is incorporating by reference. ANSI/SVIA 1-2023 is 
copyrighted. Interested people 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/. A copy of 
the standard is also available for inspection 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].

X. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a 
consumer product safety standard is in effect and applies to a product, 
no state or political subdivision of a state may either establish or 
continue in effect a standard or regulation that prescribes 
requirements for the performance, composition, contents, design, 
finish, construction, packaging, or labeling of such product dealing 
with the same risk of injury unless the state requirement is identical 
to the Federal standard. Section 26(c) of the CPSA also provides that 
states or political subdivisions of states may apply to the Commission 
for an exemption from this preemption under certain circumstances. 
Section 42 of the CPSA establishes that the rules to be issued for ATVs 
under that section are ``consumer product safety standards.'' 
Therefore, the preemption provision of section 26(a) of the CPSA 
applies to this final rule.

XI. Notice of Requirements

    The CPSA establishes 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 any children's product safety rule to which a 
children's product is subject. Id. 2063(a)(3). In 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 (Aug. 27, 2010). Because the 
revisions the 2023 revisions to the SVIA 1 standard do 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 existing accreditations that the Commission 
has accepted for testing to the 2017 ATV standard will also cover 
testing of children's products to the revised ATV standard.

XII. Congressional Review Act

    The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that, 
before a rule may take effect, the agency issuing the rule must submit 
the rule, and certain related information, to each House of Congress 
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must 
indicate whether the rule is a ``major rule.'' The Office of 
Information and Regulatory Affairs (OIRA) determines whether a rule 
qualifies as a ``major rule.'' 5 U.S.C. 804(2). Pursuant to the CRA, 
OIRA determined that this rule is not a major rule. To comply with the 
CRA, CPSC will submit the required information to each House of 
Congress and the Comptroller General.

List of Subjects in 16 CFR Part 1420

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Information, Labeling, Law enforcement, Recreation and 
recreation areas, Reporting and recordkeeping requirements, Safety.

    For the reasons stated in the preamble, the Commission amends part 
1420 of 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 revised 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, a consumer product safety standard, prescribes 
requirements for all-terrain vehicles.

0
3. Amend Sec.  1420.3 by revising paragraph (a) to read as follows:


Sec.  1420.1  Requirements for four-wheel ATV's.

    (a) Each new assembled or unassembled ATV manufactured before 
January 1, 2025, shall comply with all applicable provisions of the 
American National Standard for Four-Wheel All-Terrain Vehicles (ANSI/
SVIA 1-2017), ANSI-approved on June 8, 2017. Each new assembled or 
unassembled ATV manufactured on or after January 1, 2025, shall comply 
with all applicable provisions of the American National Standard for 
Four-Wheel All-Terrain Vehicles ANSI-approved on March 17, 2023 (ANSI/
SVIA 1-2023), 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. 
ANSI/SVIA 1-2017 and ANSI/SVIA 1-2023 are incorporated by reference 
into this section with the approval of the Director of the Federal 
Register under 5 U.S.C. 552(a) and 1 CFR part 51. This material is 
available for inspection at the U.S. Consumer Product Safety Commission 
and at the National Archives and Records Administration (NARA). Contact 
the U.S. Consumer Product Safety Commission at: Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, telephone: (301) 504-7479. For information 
on the availability of this material at NARA, email: 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the Specialty 
Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618-
3806; telephone: 949-727-3727; www.svia.org. In addition, a read-only 
copy of ANSI/SVIA 1-2023 is available for viewing on the SVIA website 
at https://svia.org/ansi-svia-1-2023/.
* * * * *

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-01309 Filed 1-22-24; 8:45 am]
BILLING CODE 6355-01-P