Rule2024-01309
Standard for All-Terrain Vehicles
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 23, 2024
Effective
January 1, 2025
Issuing agencies
Consumer Product Safety Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 15 (Tuesday, January 23, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="/cdn-cgi/l/email-protection#4f382c3a3c2a360f2c3f3c2c61282039"><span class="__cf_email__" data-cfemail="7304100600160a33100300105d141c05">[email protected]</span></a>.
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: <a href="https://www.cpsc.gov/content/RCA-Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Draft-Final-Rule">https://www.cpsc.gov/content/RCA-Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Draft-Final-Rule</a>.
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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 <a href="https://www.cpsc.gov/s3fs-public/Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Notice-of-Proposed-Rulemaking.pdf?VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB">https://www.cpsc.gov/s3fs-public/Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Notice-of-Proposed-Rulemaking.pdf?VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB</a>.
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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
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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:
<bullet> 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;
<bullet> Fuel Hoses: Section 13.9 Fuel Line Integrity and Section
13.10 Fuel Line Connection Tensile Test;
<bullet> Fuel Filter and Shut-off Valve: Section 13.4 Fuel Filter
and Shut-off Valve Immersion Leak Test; and
<bullet> 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: <a href="https://www.cpsc.gov/s3fs-public/Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Notice-of-Proposed-Rulemaking.pdf?VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB">https://www.cpsc.gov/s3fs-public/Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Notice-of-Proposed-Rulemaking.pdf?VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB</a>.
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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:
<bullet> 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.
<bullet> 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.
<bullet> 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: <a href="https://www.cpsc.gov/s3fs-public/Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Notice-of-Proposed-Rulemaking.pdf?VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB">https://www.cpsc.gov/s3fs-public/Federal-Register-Notice-Amendment-to-Standard-for-All-Terrain-Vehicles-Notice-of-Proposed-Rulemaking.pdf?VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB</a>.
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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:
<a href="https://www.cpsc.gov/s3fs-public/2018-09-19%20Voluntary%20Standards%">https://www.cpsc.gov/s3fs-public/2018-09-19%20Voluntary%20Standards%</a>
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:
<bullet> title;
<bullet> summary;
<bullet> brief description of the need for the information and the
use of the information;
<bullet> description of the likely respondents and frequency of
response to the collection of information;
<bullet> estimate of the burden that shall result from the
collection of information; and
<bullet> 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 (<a href="http://bls.gov">bls.gov</a>).
---------------------------------------------------------------------------
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; <a href="http://www.svia.org">www.svia.org</a>.
In addition, a read-only copy of the standard is available for viewing
on the SVIA website at <a href="https://svia.org/ansi-svia-1-2023/">https://svia.org/ansi-svia-1-2023/</a>. 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: <a href="/cdn-cgi/l/email-protection#4c2f3c3f2f61233f0c2f3c3f2f622b233a"><span class="__cf_email__" data-cfemail="3c5f4c4f5f11534f7c5f4c4f5f125b534a">[email protected]</span></a>.
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:
<a href="/cdn-cgi/l/email-protection#2f495d0146415c5f4a4c5b4640416f414e5d4e01484059"><span class="__cf_email__" data-cfemail="2a4c58044344595a4f495e4345446a444b584b044d455c">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>. The material may be obtained from the Specialty
Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618-
3806; telephone: 949-727-3727; <a href="http://www.svia.org">www.svia.org</a>. In addition, a read-only
copy of ANSI/SVIA 1-2023 is available for viewing on the SVIA website
at <a href="https://svia.org/ansi-svia-1-2023/">https://svia.org/ansi-svia-1-2023/</a>.
* * * * *
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-01309 Filed 1-22-24; 8:45 am]
BILLING CODE 6355-01-P
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