83 FR 8336 - All-Terrain Vehicles
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 83, Issue 39 (February 27, 2018)
Federal Register Volume 83, Issue 39 (February 27, 2018)
| Page Range | 8336-8340 | |
| FR Document | 2018-03904 |
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)] [Rules and Regulations] [Pages 8336-8340] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03904] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1420 [CPSC Docket No. 2017-0032] All-Terrain Vehicles AGENCY: Consumer Product Safety Commission. ACTION: Final rule. ----------------------------------------------------------------------- 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, developed by the Specialty Vehicle Institute of America (ANSI/SVIA 1-2007). CPSC published that mandatory consumer product safety standard on November 14, 2008. ANSI/SVIA issued a 2017 edition of its standard in June 2017. In accordance with the CPSA, CPSC is issuing this final rule to amend the Commission's mandatory ATV standard to reference the 2017 edition of the ANSI/SVIA standard. DATES: This rule will become effective on January 1, 2019. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of January 1, 2019. FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: 301-504-7814; email: jjirgl@cpsc.gov. SUPPLEMENTARY INFORMATION: I. Background and Statutory Authority Section 42 of the Consumer Product Safety Act (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, mandating ANSI/SVIA 1-2007 as a 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 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 [ATVs] and notify the Institute of any provision it has determined not to be so related.'' 15 U.S.C. 2089(b)(1) and (2). Thereafter, the Commission has 180 days after publication of the proposed amendment to publish a final amendment to revise the ATV standard. Id. On February 29, 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 standard. 77 FR 12197. II. The Proposed and Final Rules On June 14, 2017, ANSI notified the Commission that the ANSI/SVIA standard had been revised in 2017, and that the new standard, ANSI/SVIA 1-2017, was approved on June 8, 2017. On September 13, 2017, the Commission published a proposed rule (NPR), 82 FR 42962, to amend part 1420 to reference the 2017 edition of the ANSI/SVIA standard. In the NPR, the Commission described two material changes to ANSI/SVIA 1-2017, which compared to the 2010 edition of the standard, are reasonably related to the safe performance of ATVs: (A) Requirements for stop lamps or combination tail-stop lamps on all adult and transition category ATVs, and on all youth ATVs equipped with a head lamp or conspicuity lamp; and (B) requirements for reflectors for all categories of ATVs. 82 FR at 42961. These revisions have not changed for the final rule. A. Stop Lamps and Reflectors ANSI/SVIA 1-2017 Section 4.17, Lighting & Reflective Equipment, requires that all categories of ATVs be equipped with reflectors, all adult and transition ATVs be equipped with stop [[Page 8337]] lamps, and that all youth ATVs already equipped with a head lamp or conspicuity lamp also be equipped with stop lamps. 1. Stop Lamps ANSI/SVIA 1-2017 requires stop lamps or combination tail-stop lamps on all adult and transition category ATVs, and on all youth ATVs equipped with a head lamp or conspicuity lamp. In May 2015, CPSC requested that SVIA consider adding requirements relating to stop lamps to increase the detectability of ATVs, based on a preliminary analysis of 2007 ATV fatality data involving two ATVs colliding. CPSC staff worked with SVIA to develop the stop lamp requirements contained in ANSI/SVIA 1-2017. The stop lamp requirements in ANSI/SVIA 1-2017 are intended to improve the optional provision for stop lamps in the 2010 edition of the voluntary standard, to reduce rear-end collisions related to non-detection of a vehicle braking. 2. Reflectors ANSI/SVIA 1-2017 requires one amber reflector on each side of the ATV (mounted as far forward as practicable), one red reflector on each side of the ATV (mounted as far rearward as practicable), one red reflector on the rear of the vehicle, and one white reflector on the front of the ATV, if not equipped with a headlamp or conspicuity light. These requirements are for all categories of ATV. The NPR reviewed that reflector use may increase the detectability of ATVs, citing CPSC staff's review of 331 fatal ATV-related vehicular collision incidents that found that more than 30 percent of these incidents occurred at night and an additional 5 percent occurred in low light (i.e., dusk). Moreover, CPSC's review of data demonstrate that fatalities occur when ATVs cross public roads between fields or trails. Although many factors contribute to incidents, increasing the visibility of ATVs at night will raise the likelihood that the driver of an oncoming vehicle will detect the ATV. Early detection of an ATV may allow the driver of an oncoming vehicle sufficient time to react and avoid a collision. In May 2015, CPSC requested that SVIA consider adding requirements relating to reflectors, and worked with SVIA in developing the reflector requirements contained in ANSI/SVIA 1-2017. The ANSI/SVIA 1- 2017 reflector requirements are intended to increase the visibility of an ATV at night and may reduce vehicular collisions related to non- detection of other vehicles. The Commission now reviews the comments on the NPR, and finalizes the amendment to part 1420, updating the reference in part 1420 to ANSI/SVIA 1-1017, as described herein. III. Response to Comments The Commission received 32 comments on the NPR. However, 26 comments were about renewable energy and climate issues, and thus, were not related to the proposed amendment of the consumer product safety standard for ATVs. Of the remaining six comments relevant to the NPR, three agreed with the proposed rule, two opposed the proposed rule, and one commented on the proposed effective date. Below the Commission summarizes and responds to the significant issues raised in the relevant comments. A. Comment Regarding the Effective Date of the Final Rule Comment: The SVIA objected to the proposed 60-day effective date specified in the NPR. SVIA noted that although the CPSIA requires the Commission to issue an NPR within 120 days of receiving notification of the revised ANSI/SVIA standard, the Commission issued the NPR within 90 days of notification, on September 13, 2017, instead of closer to the statutory deadline of October 12, 2017. SVIA added that although the Commission is required to publish a final rule by March 12, 2018, the Commission could issue the final rule earlier. SVIA contended that the Commission's ability to issue the final rule earlier than the statutory deadline presents an uncertainty in the effective date, which makes it difficult for ATV manufacturers to plan for compliance. SVIA requested that the effective date of the final rule apply to ATVs beginning with the 2019 model year, to accommodate changes to the design of certain ATVs. Moreover, SVIA stated that modifications to meet the new standard require ``changes to the electrical system and will require new engineering, designing, fabricating, and testing of reflectors and mounting brackets, all of which must be arranged significantly in advance of implementation.'' SVIA noted that to meet the proposed 60- day effective date, all of these changes must be done before ATVs are imported and would apply to 2018 model year ATVs, which have already been designed and are under production, and may be awaiting shipment. SVIA contended that a 60-day effective date would also impose a financial burden on manufacturers, contrary to CPSC's statement that the proposed rule would not pose a significant impact on small manufacturers. Response: The Commission cannot set an effective date based on a model year for several reasons. First, effective dates for Commission rules are set by providing a calendar date based on the date of publication of a final rule. Second, manufacturers have varying schedules for manufacturing, importing, and distributing model years, making enforcement of a rule based on a model year more difficult. For enforcement purposes, and for clarity for consumers, the final rule provides an effective date that is a specific calendar date. Note that when the Commission amended the mandatory standard for ATVs in 2012, the seven major distributors of ATVs requested that the amended mandatory standard be effective for 2013 model year ATVs, or alternatively, 60 days after publication of the final rule.\1\ In the 2012 rulemaking, CPSC responded that tying the effective date to a particular model year was problematic because vehicle model years do not begin and end on the same date for each company. Based on this previous experience, the Commission proposed a 60-day effective date for the final rule, believing that the revisions required to meet the revised standard were not substantial, and that such a date would correspond with planning for the 2019 model year. 82 FR 42962. --------------------------------------------------------------------------- \1\ All-Terrain Vehicles: Final Rule Amending Consumer Product Safety Standard, dated February 8, 2012. Retrieved from: https://www.cpsc.gov/s3fs-public/pdfs/foia_atvfinal.pdf. --------------------------------------------------------------------------- SVIA's comment on the current rulemaking, however, provides sufficient rationale to demonstrate why the proposed 60-day effective date is not suitable for all ATV manufacturers. Moreover, as explained above, the Commission's intention was to align the effective calendar date of the final rule with the introduction of model year 2019 ATVs to the U.S. market. SVIA's past comments indicate that planning for the 2019 model year has been under way since March 2017, and that model year 2019 vehicles will be released in the 2018 calendar year. Based on SVIA's comments, the final rule establishes an effective date of January 1, 2019. A January 1, 2019 effective date will address staff's enforcement concerns, as well as provide manufacturers with sufficient time to make the changes SVIA states are needed so that all vehicles manufactured or imported after that date comply with the final rule. [[Page 8338]] B. Comments Regarding Data Presented in the NPR Comment: Several commenters stated that the data presented in the NPR are insufficient to support the final rule. One commenter stated that the Commission failed to base the proposed requirement for rear- end lamps and reflectors on accurate or convincing statistics, noting: ``Commission staff claims that this 13 incident-study provides proof that rear-end lamps would have prevented the pattern of rear-end collisions related to braking.'' Another commenter stated that the final rule should include additional evidence regarding the number of fatalities that result from rear-end collisions and the benefits that will accrue if manufacturers are required to install stop lamps on ATVs. Focusing on the sufficiency of the data, one commenter argued that CPSC may exceed its authority to promulgate a rule because the majority of ATVs already have stop lamps, which does not support the conclusion that a stop lamp requirement is reasonably related to the safe performance of ATVs. Similarly, another commenter concluded that the proposed rule lacked ``the factual or analytical basis'' to support a rule, and therefore, was ``arbitrary and capricious.'' Response: Under section 42(b) of the CPSA, 15 U.S.C. 2089(b)(2), once notified by ANSI of a change to the voluntary standard for ATVs, the Commission is required to amend the consumer product safety standard for all-terrain vehicles to include any such revision that the Commission determines is reasonably related to the safe performance of all-terrain vehicles, and must notify ANSI of any provision the Commission determines not to be so related. This rulemaking follows the procedure required by the statute for the Commission to use when ANSI revises its voluntary standard. The Commission is not establishing its own consumer product safety standard under the requirements of sections 7 and 9 of the CPSA. Regarding the data presented in the NPR, staff's analysis of the 2007 study identified 13 rear-end collisions, and staff noted that eight of the 13 incidents ``illustrate the hazard of rear-end collisions related to braking.'' Staff did not, and does not, represent that anecdotal incidents constitute ``proof'' of the effectiveness of stop lamps. The information provided in the NPR explained CPSC staff's interactions with the voluntary standard organization, and provided context for why the Commission determined that the provisions in the voluntary standard are reasonably related to the safe performance of ATVs, which is the standard required by statute. Further, the National Highway Traffic Safety Administration (NHTSA) recognizes that conspicuity of a vehicle is related to the safety performance of vehicles in its Federal Motor Vehicle Safety Standards (FMVSS) for automobiles. Stop lamps and reflectors are specifically included in FMVSS 108 Lamps, reflective devices, and associated equipment and FMVSS 500 Low-speed vehicles as safety equipment. SVIA also recognizes conspicuity to be related to the safe performance of ATVs, and in the Annex of ANSI/SVIA 1-2017, specifically states that ``conspicuity lights, tail lamps, and stop lamps can also be beneficial under certain riding conditions such as heavy brush, dusty or shaded trails, and similar low-light conditions'' and that ``reflex reflectors have been added for all categories of ATVs to aid in making ATVs more visible.'' Based on the information described in the NPR and reviewed above, the Commission has no basis to conclude that the conspicuity changes to the ANSI standard are not reasonably related to the safe performance of ATVs. In the NPR, the Commission determined that increasing the conspicuity of an ATV helps an ATV to be seen by other vehicles in various lighting conditions. Accordingly, the Commission determined that voluntary standard provisions that increase ATV conspicuity are reasonably related to the safe performance of ATVs. By statute, the Commission is required to include such provisions in the mandatory consumer product safety standard. C. Comments Regarding the Scope of the Stop-Lamp Requirement Comment: Two commenters stated that the final rule should clarify the scope of the proposed stop-lamp requirement and provide rationale if the requirement only applies to adult and transition category ATVs. One commenter stated that the requirement for stop-lamps should be for ``all categories of ATVs.'' Response: ANSI/SVIA 1-2017 requires stop lamps on all adult and transition ATVs, and on all youth ATVs equipped with a head lamp or conspicuity lamp. A youth ATV without any front lights does not require a stop lamp. By design, youth ATVs do not have the same speed and equipment capabilities as adult and transition ATVs. For example, not all youth ATVs are equipped with lights, nor do they have electrical systems that are robust enough to support front or rear lights. Accordingly, revisions to the voluntary standard require reflectors on all categories of ATVs, but the revisions only require stop lamps on youth ATVs when it is technically feasible to do so. This approach in the voluntary standard is a practical technical solution for increasing conspicuity of youth ATVs. The final consumer product safety standard for ATVs (16 CFR part 1420) will require that ATVs comply with the applicable provisions of the 2017 revision of ANSI/SVIA, 1 American National Standard for Four Wheel All-Terrain Vehicles. Therefore, the mandatory standard for ATVs will require stop lamps on all adult and transition ATVs, and also require them on all youth ATVs equipped with a head lamp or conspicuity lamp. D. Comment on the Burden Imposed by the Final Rule Comment: One commenter stated that the Commission did not adequately consider the burden on industry if the final rule is implemented, stating that the NPR ``disregards the fact that adopting these new standards will impose financial hardship on ATV manufacturers.'' This commenter suggested that, in lieu of the final rule, ``the Commission implement a mandatory licensing program that teaches ATV safety.'' Response: The commenter provided no information or data for CPSC to evaluate regarding the alleged hardship to industry. SVIA stated that manufacturer planning for 2019 model year ATVs is under way and that manufacturers intend to meet the requirements of ANSI/SVIA 1-2017 for the 2019 model year. Other than the effective date issue discussed above, the Commission did not receive any comments from any ATV manufacturer or SVIA to support the contention that implementation of the final rule will impose a financial hardship. As discussed above, the final rule sets January 1, 2019 as the effective date to address SVIA's concern. Regarding the suggestion that the Commission establish a licensing and instruction program, such action is outside the jurisdiction of the CPSC's authority. The authority to implement any licensing requirements for ATV drivers rests with the states. 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 1-2017 standard, instead of the ANSI/SVIA 1-2010 version. ANSI/SVIA 1-2017 contains requirements and [[Page 8339]] test methods relating to ATVs, including vehicle equipment and configuration, vehicle speed capability, brake performance, pitch stability, electromagnetic compatibility, and sound level limits. Revisions incorporated into ANSI/SVIA 1-2017 are described in section II of this preamble. V. Effective Date Section 42(b) of the CPSA provides a timetable for the Commission to issue a notice of proposed rulemaking (within 120 days of receiving notification of a revised ANSI/SVIA standard) and to issue a final rule (within 180 days of publication of the proposed rule), but the statute does not set an effective date. The Commission proposed in the NPR that the final rule would take effect 60 days after publication of a final rule in the Federal Register, and it would apply to ATVs manufactured or imported on or after that date. However, based on the SVIA's objection to a 60-day effective date, as discussed above in section III.A, the effective date for this final rule is January 1, 2019. Accordingly, all ATVs manufactured or imported on or after January 1, 2019, must comply with the final rule. VI. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires that agencies review a proposed rule for the rule's potential economic impact on small entities, including small businesses. The NPR explained that the most significant changes to the voluntary standard involved requirements for brake-actuated stop lamps and reflectors, and that CPSC's analysis demonstrated that the majority of ATVs already comply with these requirements. Consequently, the Commission anticipated that the cost of the changes required to bring ATVs that do not comply into compliance with the rule would be very low on a per-unit basis. The Commission certified that the rule would not have a significant impact on a substantial number of small entities. 82 FR at 42962. As discussed in section III.A of this preamble, the Commission received a comment from the SVIA stating that the proposed 60-day effective date could change the financial impact of the rule. In response, the Commission will provide additional time to comply with the final rule, setting January 1, 2019 as the effective date. Affording a later effective date should provide manufacturers sufficient time to incorporate any necessary changes during the normal planning and design of new model year ATVs. Accordingly, based on staff's assessment using January 1, 2019 as the effective date, the Commission certifies that the final rule is unlikely to have a significant impact on a substantial number of small entities. VII. Paperwork Reduction Act The final rule does not impose any information collection requirements. Accordingly, this rule is not subject to the Paperwork Reduction Act, 44 U.S.C. 3501-3520. 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)(2). This final rule falls within the categorical exemption. IX. Incorporation by Reference Section 1420.3 of the final rule provides that ATVs must comply with ANSI/SVIA 1-2017. The OFR has regulations concerning incorporation by reference. 1 CFR part 51. These regulations require that, for a final rule, agencies must discuss in the preamble to the rule the way in which materials that the agency incorporates by reference are reasonably available to interested persons, and how interested parties can obtain the materials. Additionally, the preamble to the rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR's requirements, the discussion in sections II, III, and IV of this preamble summarize the provisions of ANSI/SVIA 1-2017. ANSI/SVIA 1-2017 is copyrighted. Interested persons may purchase a copy of ANSI/SVIA 1-2017 from Specialty Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618-3806; telephone: 949-727-3727 ext. 3023; www.svia.org. One may also inspect a copy at CPSC's Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone: 301-504-7923. 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(a)(1) of the CPSA refers to rules issued under that section as ``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 certain requirements for product certification and testing. Certification of children's products subject to a children's product safety rule must be based on testing conducted by a CPSC-accepted third-party conformity assessment body. 15 U.S.C. 2063(a)(2). The Commission is required to publish a notice of requirements (NOR) for the accreditation of third-party conformity assessment bodies to assess conformity with a children's product safety rule to which a children's product is subject. Id. 2063(a)(3). On August 27, 2010, the Commission published an NOR for accreditation of third-party conformity assessment bodies for testing ATVs designed or intended primarily for children 12 years of age or younger. 75 FR 52616. The 2017 revision to the ATV standard does not substantially alter third party conformance testing requirements for ATVs designed or intended primarily for children 12 years of age or younger. Accordingly, the NOR for third-party testing of youth ATVs remains unchanged. The Commission considers the existing accreditations that the Commission has accepted for testing to the ATV standard to also cover testing to the revised 2017 ATV standard. 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 16 CFR part 1420 as follows: PART 1420--REQUIREMENTS FOR ALL-TERRAIN VEHICLES 0 1. The authority citation for part 1420 continues to read as follows: Authority: The Consumer Product Safety Improvement Act of 2008, Pub. Law 110-314, Sec. 232, 122 Stat. 3016 (August 14, 2008). [[Page 8340]] Sec. 1420.1 [Amended] 0 2. In the second sentence of Sec. 1420.1, remove the words, ``April 30, 2012'', and add in their place ``January 1, 2019''. 0 3. Revise Sec. 1420.3(a) to read as follows: Sec. 1420.3 Requirements for four-wheel ATVs. (a) Each ATV shall comply with all applicable provisions of the American National Standard for Four-Wheel All-Terrain Vehicles (ANSI/ SVIA 1-2017), ANSI-approved on June 8, 2017. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from Specialty Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618-3806; telephone: 949-727-3727 ext. 3023; www.svia.org. You may inspect a copy at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD. 20814, telephone: 301-504-7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. * * * * * Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2018-03904 Filed 2-26-18; 8:45 am] BILLING CODE 6355-01-P
![8336 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
Fitzgerald, GA, Fitzgerald Muni, LOC RWY 2, Duluth, MN, Duluth Intl, ILS OR LOC RWY Configuration, and Performance
Amdt 2 27, Amdt 10C Requirements developed by the
Fitzgerald, GA, Fitzgerald Muni, NDB RWY Dayton, OH, James M Cox Dayton Intl, ILS Specialty Vehicle Institute of America
2, Amdt 2 OR LOC RWY 18, Amdt 10A (American National Standard ANSI/
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RWY 2, Amdt 2 OR LOC RWY 24L, Amdt 10A
SVIA 1–2007).’’ 15 U.S.C. 2089(a)(1).
Council Bluffs, IA, Council Bluffs Muni, Dayton, OH, James M Cox Dayton Intl, ILS Accordingly, on November 14, 2008,
RNAV (GPS) RWY 14, Amdt 3 OR LOC RWY 24R, Amdt 10A CPSC published a final rule, codified at
Council Bluffs, IA, Council Bluffs Muni, 16 CFR part 1420, mandating ANSI/
[FR Doc. 2018–03528 Filed 2–26–18; 8:45 am]
RNAV (GPS) RWY 32, Amdt 1 SVIA 1–2007 as a consumer product
Chicago/Lake in the Hills, IL, Lake in the BILLING CODE 4910–13–P
safety standard. 73 FR 67385.
Hills, RNAV (GPS) RWY 8, Orig-A Section 42(b) of the CPSA provides
Chicago, IL, Chicago Midway Intl, RNAV that, if ANSI/SVIA 1–2007 is revised
(RNP) Y RWY 31C, Orig-B CONSUMER PRODUCT SAFETY after the Commission has published a
Gary, IN, Gary/Chicago Intl, RNAV (GPS) Y COMMISSION
RWY 12, Amdt 2
Federal Register notice mandating the
New Castle, IN, New Castle-Henry Co Muni, standard as a consumer product safety
16 CFR Part 1420 standard, ANSI must notify the
NDB RWY 10, Orig
New Castle, IN, New Castle-Henry Co Muni, [CPSC Docket No. 2017–0032] Commission of the revision, and the
NDB OR GPS RWY 9, Amdt 5C, Commission has 120 days after it
CANCELED All-Terrain Vehicles receives that notification to issue a
New Castle, IN, New Castle-Henry Co Muni, notice of proposed rulemaking to amend
RNAV (GPS) RWY 9, Orig-A, CANCELED AGENCY: Consumer Product Safety the Commission’s mandatory ATV
New Castle, IN, New Castle-Henry Co Muni, Commission. standard ‘‘to include any such revision
RNAV (GPS) RWY 10, Orig ACTION: Final rule. that the Commission determines is
New Castle, IN, New Castle-Henry Co Muni,
RNAV (GPS) RWY 27, Orig-B, CANCELED reasonably related to the safe
SUMMARY: The Consumer Product Safety performance of [ATVs] and notify the
New Castle, IN, New Castle-Henry Co Muni, Act (CPSA), as amended by the
RNAV (GPS) RWY 28, Orig Institute of any provision it has
Consumer Product Safety Improvement determined not to be so related.’’ 15
New Castle, IN, New Castle-Henry Co Muni,
Takeoff Minimums and Obstacle DP, Amdt Act of 2008 (CPSIA), required the U.S.C. 2089(b)(1) and (2). Thereafter, the
1 Consumer Product Safety Commission Commission has 180 days after
New Castle, IN, New Castle-Henry Co Muni, (CPSC or the Commission) to publish, as publication of the proposed amendment
VOR RWY 27, Amdt 10A, CANCELED a mandatory consumer product safety to publish a final amendment to revise
Leonardtown, MD, St Mary’s County Rgnl, standard, the American National the ATV standard. Id. On February 29,
RNAV (GPS) RWY 11, Amdt 2 Standard for Four-Wheel All-Terrain 2012, the Commission revised part
Detroit, MI, Willow Run, ILS OR LOC RWY Vehicles, developed by the Specialty
5R, Amdt 16 1420, in accordance with the revision
Vehicle Institute of America (ANSI/ procedures set out in the CPSA, to
Detroit, MI, Willow Run, RNAV (GPS) RWY
SVIA 1–2007). CPSC published that reference the 2010 edition of the ANSI/
5R, Amdt 2
Detroit, MI, Willow Run, RNAV (GPS) RWY mandatory consumer product safety SVIA standard. 77 FR 12197.
23R, Amdt 1B standard on November 14, 2008. ANSI/
Hastings, MI, Hastings, Takeoff Minimums SVIA issued a 2017 edition of its II. The Proposed and Final Rules
and Obstacle DP, Amdt 6 standard in June 2017. In accordance On June 14, 2017, ANSI notified the
Brownfield, TX, Terry County, RNAV (GPS) with the CPSA, CPSC is issuing this Commission that the ANSI/SVIA
RWY 2, Amdt 1 final rule to amend the Commission’s standard had been revised in 2017, and
Brownfield, TX, Terry County, RNAV (GPS) mandatory ATV standard to reference that the new standard, ANSI/SVIA 1–
RWY 20, Amdt 1 the 2017 edition of the ANSI/SVIA 2017, was approved on June 8, 2017. On
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson
standard. September 13, 2017, the Commission
Field, RADAR 1, Amdt 2
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson DATES: This rule will become effective published a proposed rule (NPR), 82 FR
Field, RNAV (GPS) RWY 9, Amdt 1B on January 1, 2019. The incorporation 42962, to amend part 1420 to reference
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson by reference of the publication listed in the 2017 edition of the ANSI/SVIA
Field, RNAV (GPS) RWY 13, Amdt 1B this rule is approved by the Director of standard. In the NPR, the Commission
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson described two material changes to
the Federal Register as of January 1,
Field, RNAV (GPS) RWY 27, Orig-C ANSI/SVIA 1–2017, which compared to
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson 2019.
the 2010 edition of the standard, are
Field, RNAV (GPS) RWY 31, Amdt 1B FOR FURTHER INFORMATION CONTACT: reasonably related to the safe
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson Justin Jirgl, Compliance Officer, U.S.
Field, VOR OR TACAN–A, Amdt 10B performance of ATVs: (A) Requirements
Consumer Product Safety Commission, for stop lamps or combination tail-stop
RESCINDED: On January 26, 2018 (83 FR
4330 East-West Highway, Bethesda, MD lamps on all adult and transition
3572), the FAA Published an Amendment in
Docket No. 31175, Amdt No. 3783, to Part 97 20814; telephone: 301–504–7814; email: category ATVs, and on all youth ATVs
of the Federal Aviation Regulations Under jjirgl@cpsc.gov. equipped with a head lamp or
Section 97.23, 97.29, and 97.33. The SUPPLEMENTARY INFORMATION: conspicuity lamp; and (B) requirements
Following Entries for East Tawas, MI, Duluth, for reflectors for all categories of ATVs.
MN, and Dayton, OH, Effective March 29, I. Background and Statutory Authority
82 FR at 42961. These revisions have
2018, Are Hereby Rescinded in Their Section 42 of the Consumer Product not changed for the final rule.
Entirety: Safety Act (CPSA), as amended by
daltland on DSKBBV9HB2PROD with RULES
East Tawas, MI, Iosco County, VOR–A, Amdt A. Stop Lamps and Reflectors
section 232 of the CPSIA, directed the
8, CANCELED
Duluth, MN, Duluth Intl, COPTER ILS OR Commission to ‘‘publish in the Federal ANSI/SVIA 1–2017 Section 4.17,
LOC RWY 27, Amdt 2B Register as a mandatory consumer Lighting & Reflective Equipment,
Duluth, MN, Duluth Intl, ILS OR LOC RWY product safety standard the American requires that all categories of ATVs be
9, ILS RWY 9 (SA CAT I), ILS RWY 9 (CAT National Standard for Four-Wheel All- equipped with reflectors, all adult and
II), Amdt 22B Terrain Vehicles Equipment transition ATVs be equipped with stop
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![8340 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
§ 1420.1 [Amended] we receive timely significant adverse at 16 CFR part 1500 provide the
■ 2. In the second sentence of § 1420.1, comment, we will publish notification definitions and test methods used to
remove the words, ‘‘April 30, 2012’’, in the Federal Register, withdrawing determine whether a substance is
and add in their place ‘‘January 1, this direct final rule before its effective ‘‘hazardous’’ under the FHSA.
2019’’. date. Specifically, § 1500.3(b) of these
■ 3. Revise § 1420.3(a) to read as ADDRESSES: You may submit comments, regulations restates the statutory
follows: identified by Docket No. CPSC–2012– definitions that are in the FHSA.
0036, by any of the following methods: Section 1500.3(c) interprets,
§ 1420.3 Requirements for four-wheel Electronic Submissions: Submit supplements, or provide alternatives to
ATVs. electronic comments to the Federal the statutory definitions. Section
(a) Each ATV shall comply with all eRulemaking Portal at: 1500.40 provides the method of testing
applicable provisions of the American www.regulations.gov. Follow the toxic substances.
National Standard for Four-Wheel All- instructions for submitting comments. On December 10, 2012, the CPSC
Terrain Vehicles (ANSI/SVIA 1–2017), The Commission does not accept amended and updated regulations on
ANSI-approved on June 8, 2017. The comments submitted by electronic mail the CPSC’s animal testing methods
Director of the Federal Register (email), except through under the FHSA (77 FR 73289). Among
approves this incorporation by reference www.regulations.gov. The Commission other things, the amendment to 16 CFR
in accordance with 5 U.S.C. 552(a) and encourages you to submit electronic 1500.3 explained that alternative test
1 CFR part 51. You may obtain a copy comments by using the Federal methods exist that avoid, reduce, or
from Specialty Vehicle Institute of eRulemaking Portal, as described above. refine animal testing to determine
America, 2 Jenner, Suite 150, Irvine, CA Written Submissions: Submit written toxicity. At the same time, the CPSC
92618–3806; telephone: 949–727–3727 submissions by mail/hand delivery/ codified its statement of policy on
ext. 3023; www.svia.org. You may courier to: Office of the Secretary, animal testing to reflect new test
inspect a copy at the Office of the Consumer Product Safety Commission, methods accepted by the scientific
Secretary, U.S. Consumer Product Room 820, 4330 East West Highway, community, including
Safety Commission, Room 820, 4330 Bethesda, MD 20814; telephone (301) recommendations of the Interagency
East-West Highway, Bethesda, MD. 504–7923. Coordinating Committee on the
20814, telephone: 301–504–7923, or at Instructions: All submissions received Validation of Alternative Methods in a
the National Archives and Records must include the agency name and new section, 16 CFR 1500.232. (77 FR
Administration (NARA). For docket number for this notice. All 73286). Sections 1500.3(c) and 1500.232
information on the availability of this comments received may be posted cross-reference each other.
material at NARA, call 202–741–6030, without change, including any personal CPSC staff recently reviewed the
or go to: www.archives.gov/federal- identifiers, contact information, or other animal testing regulations. Staff’s review
register/cfr/ibr-locations.html. personal information provided, to: showed that when CPSC revised the
* * * * * www.regulations.gov. Do not submit animal testing regulations, the
confidential business information, trade definitions in 16 CFR 1500.3(c)(2)(i),
Alberta E. Mills, secret information, or other sensitive or inadvertently removed the definition of
Secretary, Consumer Product Safety protected information that you do not ‘‘acute toxicity’’ (oral, dermal, and
Commission. want to be available to the public. If inhalation). Before the 2012
[FR Doc. 2018–03904 Filed 2–26–18; 8:45 am] furnished at all, such information amendment, this definition appeared at
BILLING CODE 6355–01–P should be submitted in writing. § 1500.3(c)(2)(i)(A) through (C). We are
Docket: For access to the docket to amending § 1500.3(c)(2)(i) to restore the
read background documents or ‘‘acute toxicity’’ definition. In addition,
CONSUMER PRODUCT SAFETY comments received, go to: staff found that two other corrections
COMMISSION www.regulations.gov, and insert the are needed. As explained below, we are
docket number CPSC–2012–0036, into reinserting a sentence into the definition
16 CFR Part 1500
the ‘‘Search’’ box, and follow the of ‘‘corrosive’’ in § 1500.3, and we are
[CPSC Docket No. CPSC–2012–0036] prompts. correcting a reference that appears in
FOR FURTHER INFORMATION CONTACT: the regulation on method of testing toxic
Hazardous Substances and Articles; substances at § 1500.40.
Administration and Enforcement Alice Thaler, Associate Executive
Regulations: Corrections to Animal Director for Health Sciences, Consumer B. Amendments
Testing Regulations Product Safety Commission, 5 Research
Place, Rockville, MD 20850; telephone 1. Definition of ‘‘Toxic’’
AGENCY: Consumer Product Safety (301) 987–2240; athaler@cpsc.gov. The FHSA defines the term ‘‘toxic.’’
Commission. SUPPLEMENTARY INFORMATION: 15 U.S.C. 1261(f). The Commission has
ACTION: Direct final rule. issued regulations that supplement the
A. Background FHSA’s statutory definition under 16
SUMMARY: The Consumer Product Safety The Federal Hazardous Substances CFR 1500.3(c). Before 2012, the
Commission (CPSC or Commission) is Act (FHSA), 15 U.S.C. 1261–1278, regulatory definitions included a
issuing a direct final rule to correct its requires appropriate cautionary labeling definition of ‘‘acute toxicity,’’ which
animal testing regulations under the on certain hazardous household provided guidance on the toxicity of
Federal Hazardous Substances Act substances to alert consumers to the substances falling in different toxicity
daltland on DSKBBV9HB2PROD with RULES
(FHSA). The rule reinserts text that was potential hazards that a product may ranges for oral, dermal, and inhalation
inadvertently omitted and corrects present. Among the hazards addressed exposures. The Commission intended to
references. by the FHSA are products that are toxic, retain those paragraphs in the CFR
DATES: The rule is effective on April 30, corrosive, irritants, flammable, under § 1500.3(c)(2)(i) when it amended
2018, unless we receive significant combustible, or strong sensitizers. The the animal testing regulations. 77 FR
adverse comment by March 29, 2018. If FHSA and the Commission’s regulations 73293. However, the subsequent
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Document Created: 2018-02-27 01:14:30
Document Modified: 2018-02-27 01:14:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will become effective on January 1, 2019. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of January 1, 2019. | |
| Contact | Justin Jirgl, Compliance Officer, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: 301-504-7814; email: [email protected] | |
| FR Citation | 83 FR 8336 | |
| CFR Associated | Consumer Protection; Imports; Incorporation by Reference; Infants and Children; Information; Labeling; Law Enforcement; Recreation and Recreation Areas; Reporting and Recordkeeping Requirements and Safety |
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