83_FR_8375 83 FR 8336 - All-Terrain Vehicles

83 FR 8336 - All-Terrain Vehicles

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range8336-8340
FR Document2018-03904

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.

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[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]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1420

[CPSC Docket No. 2017-0032]


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, 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.
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    \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.
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    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/
                                             Fitzgerald, GA, Fitzgerald Muni, RNAV (GPS)             Dayton, OH, James M Cox Dayton Intl, ILS
                                               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
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                                             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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                                                              Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations                                                  8337

                                             lamps, and that all youth ATVs already                    The Commission now reviews the                      statement that the proposed rule would
                                             equipped with a head lamp or                            comments on the NPR, and finalizes the                not pose a significant impact on small
                                             conspicuity lamp also be equipped with                  amendment to part 1420, updating the                  manufacturers.
                                             stop lamps.                                             reference in part 1420 to ANSI/SVIA 1–                   Response: The Commission cannot set
                                                                                                     1017, as described herein.                            an effective date based on a model year
                                             1. Stop Lamps
                                                                                                     III. Response to Comments                             for several reasons. First, effective dates
                                                ANSI/SVIA 1–2017 requires stop                                                                             for Commission rules are set by
                                             lamps or combination tail-stop lamps on                    The Commission received 32                         providing a calendar date based on the
                                             all adult and transition category ATVs,                 comments on the NPR. However, 26                      date of publication of a final rule.
                                             and on all youth ATVs equipped with                     comments were about renewable energy                  Second, manufacturers have varying
                                             a head lamp or conspicuity lamp. In                     and climate issues, and thus, were not                schedules for manufacturing, importing,
                                             May 2015, CPSC requested that SVIA                      related to the proposed amendment of
                                                                                                                                                           and distributing model years, making
                                             consider adding requirements relating to                the consumer product safety standard
                                                                                                                                                           enforcement of a rule based on a model
                                             stop lamps to increase the detectability                for ATVs. Of the remaining six
                                                                                                                                                           year more difficult. For enforcement
                                             of ATVs, based on a preliminary                         comments relevant to the NPR, three
                                                                                                                                                           purposes, and for clarity for consumers,
                                             analysis of 2007 ATV fatality data                      agreed with the proposed rule, two
                                                                                                                                                           the final rule provides an effective date
                                             involving two ATVs colliding. CPSC                      opposed the proposed rule, and one
                                                                                                                                                           that is a specific calendar date.
                                             staff worked with SVIA to develop the                   commented on the proposed effective
                                             stop lamp requirements contained in                     date.                                                    Note that when the Commission
                                             ANSI/SVIA 1–2017. The stop lamp                            Below the Commission summarizes                    amended the mandatory standard for
                                             requirements in ANSI/SVIA 1–2017 are                    and responds to the significant issues                ATVs in 2012, the seven major
                                             intended to improve the optional                        raised in the relevant comments.                      distributors of ATVs requested that the
                                             provision for stop lamps in the 2010                                                                          amended mandatory standard be
                                                                                                     A. Comment Regarding the Effective                    effective for 2013 model year ATVs, or
                                             edition of the voluntary standard, to                   Date of the Final Rule
                                             reduce rear-end collisions related to                                                                         alternatively, 60 days after publication
                                             non-detection of a vehicle braking.                        Comment: The SVIA objected to the                  of the final rule.1 In the 2012
                                                                                                     proposed 60-day effective date specified              rulemaking, CPSC responded that tying
                                             2. Reflectors                                           in the NPR. SVIA noted that although                  the effective date to a particular model
                                                ANSI/SVIA 1–2017 requires one                        the CPSIA requires the Commission to                  year was problematic because vehicle
                                             amber reflector on each side of the ATV                 issue an NPR within 120 days of                       model years do not begin and end on
                                             (mounted as far forward as practicable),                receiving notification of the revised                 the same date for each company. Based
                                             one red reflector on each side of the                   ANSI/SVIA standard, the Commission                    on this previous experience, the
                                             ATV (mounted as far rearward as                         issued the NPR within 90 days of                      Commission proposed a 60-day effective
                                             practicable), one red reflector on the                  notification, on September 13, 2017,                  date for the final rule, believing that the
                                             rear of the vehicle, and one white                      instead of closer to the statutory                    revisions required to meet the revised
                                             reflector on the front of the ATV, if not               deadline of October 12, 2017. SVIA                    standard were not substantial, and that
                                             equipped with a headlamp or                             added that although the Commission is                 such a date would correspond with
                                             conspicuity light. These requirements                   required to publish a final rule by                   planning for the 2019 model year. 82 FR
                                             are for all categories of ATV. The NPR                  March 12, 2018, the Commission could                  42962.
                                             reviewed that reflector use may increase                issue the final rule earlier. SVIA                       SVIA’s comment on the current
                                             the detectability of ATVs, citing CPSC                  contended that the Commission’s ability               rulemaking, however, provides
                                             staff’s review of 331 fatal ATV-related                 to issue the final rule earlier than the              sufficient rationale to demonstrate why
                                             vehicular collision incidents that found                statutory deadline presents an                        the proposed 60-day effective date is not
                                             that more than 30 percent of these                      uncertainty in the effective date, which              suitable for all ATV manufacturers.
                                             incidents occurred at night and an                      makes it difficult for ATV                            Moreover, as explained above, the
                                             additional 5 percent occurred in low                    manufacturers to plan for compliance.                 Commission’s intention was to align the
                                             light (i.e., dusk). Moreover, CPSC’s                    SVIA requested that the effective date of             effective calendar date of the final rule
                                             review of data demonstrate that                         the final rule apply to ATVs beginning                with the introduction of model year
                                             fatalities occur when ATVs cross public                 with the 2019 model year, to                          2019 ATVs to the U.S. market. SVIA’s
                                             roads between fields or trails. Although                accommodate changes to the design of                  past comments indicate that planning
                                             many factors contribute to incidents,                   certain ATVs.                                         for the 2019 model year has been under
                                             increasing the visibility of ATVs at night                 Moreover, SVIA stated that                         way since March 2017, and that model
                                             will raise the likelihood that the driver               modifications to meet the new standard                year 2019 vehicles will be released in
                                             of an oncoming vehicle will detect the                  require ‘‘changes to the electrical system            the 2018 calendar year.
                                             ATV. Early detection of an ATV may                      and will require new engineering,
                                                                                                                                                              Based on SVIA’s comments, the final
                                             allow the driver of an oncoming vehicle                 designing, fabricating, and testing of
                                                                                                                                                           rule establishes an effective date of
                                             sufficient time to react and avoid a                    reflectors and mounting brackets, all of
                                                                                                                                                           January 1, 2019. A January 1, 2019
                                             collision.                                              which must be arranged significantly in
                                                                                                                                                           effective date will address staff’s
                                                In May 2015, CPSC requested that                     advance of implementation.’’ SVIA
                                                                                                                                                           enforcement concerns, as well as
                                             SVIA consider adding requirements                       noted that to meet the proposed 60-day
                                                                                                                                                           provide manufacturers with sufficient
                                             relating to reflectors, and worked with                 effective date, all of these changes must
                                                                                                                                                           time to make the changes SVIA states
                                             SVIA in developing the reflector                        be done before ATVs are imported and
                                                                                                                                                           are needed so that all vehicles
                                             requirements contained in ANSI/SVIA                     would apply to 2018 model year ATVs,
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                                                                                                                                                           manufactured or imported after that
                                             1–2017. The ANSI/SVIA 1–2017                            which have already been designed and
                                                                                                                                                           date comply with the final rule.
                                             reflector requirements are intended to                  are under production, and may be
                                             increase the visibility of an ATV at night              awaiting shipment. SVIA contended                        1 All-Terrain Vehicles: Final Rule Amending
                                             and may reduce vehicular collisions                     that a 60-day effective date would also               Consumer Product Safety Standard, dated February
                                             related to non-detection of other                       impose a financial burden on                          8, 2012. Retrieved from: https://www.cpsc.gov/s3fs-
                                             vehicles.                                               manufacturers, contrary to CPSC’s                     public/pdfs/foia_atvfinal.pdf.



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                                             8338             Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations

                                             B. Comments Regarding Data Presented                    provisions in the voluntary standard are              enough to support front or rear lights.
                                             in the NPR                                              reasonably related to the safe                        Accordingly, revisions to the voluntary
                                                Comment: Several commenters stated                   performance of ATVs, which is the                     standard require reflectors on all
                                             that the data presented in the NPR are                  standard required by statute. Further,                categories of ATVs, but the revisions
                                             insufficient to support the final rule.                 the National Highway Traffic Safety                   only require stop lamps on youth ATVs
                                             One commenter stated that the                           Administration (NHTSA) recognizes                     when it is technically feasible to do so.
                                             Commission failed to base the proposed                  that conspicuity of a vehicle is related              This approach in the voluntary standard
                                             requirement for rear-end lamps and                      to the safety performance of vehicles in              is a practical technical solution for
                                             reflectors on accurate or convincing                    its Federal Motor Vehicle Safety                      increasing conspicuity of youth ATVs.
                                                                                                     Standards (FMVSS) for automobiles.                       The final consumer product safety
                                             statistics, noting: ‘‘Commission staff
                                                                                                     Stop lamps and reflectors are                         standard for ATVs (16 CFR part 1420)
                                             claims that this 13 incident-study
                                                                                                     specifically included in FMVSS 108                    will require that ATVs comply with the
                                             provides proof that rear-end lamps                                                                            applicable provisions of the 2017
                                                                                                     Lamps, reflective devices, and
                                             would have prevented the pattern of                                                                           revision of ANSI/SVIA, 1 American
                                                                                                     associated equipment and FMVSS 500
                                             rear-end collisions related to braking.’’                                                                     National Standard for Four Wheel All-
                                                                                                     Low-speed vehicles as safety equipment.
                                             Another commenter stated that the final                                                                       Terrain Vehicles. Therefore, the
                                                                                                     SVIA also recognizes conspicuity to be
                                             rule should include additional evidence                                                                       mandatory standard for ATVs will
                                                                                                     related to the safe performance of ATVs,
                                             regarding the number of fatalities that                                                                       require stop lamps on all adult and
                                                                                                     and in the Annex of ANSI/SVIA 1–2017,
                                             result from rear-end collisions and the                                                                       transition ATVs, and also require them
                                                                                                     specifically states that ‘‘conspicuity
                                             benefits that will accrue if                            lights, tail lamps, and stop lamps can                on all youth ATVs equipped with a
                                             manufacturers are required to install                   also be beneficial under certain riding               head lamp or conspicuity lamp.
                                             stop lamps on ATVs.                                     conditions such as heavy brush, dusty
                                                Focusing on the sufficiency of the                                                                         D. Comment on the Burden Imposed by
                                                                                                     or shaded trails, and similar low-light
                                             data, one commenter argued that CPSC                                                                          the Final Rule
                                                                                                     conditions’’ and that ‘‘reflex reflectors
                                             may exceed its authority to promulgate                  have been added for all categories of                    Comment: One commenter stated that
                                             a rule because the majority of ATVs                     ATVs to aid in making ATVs more                       the Commission did not adequately
                                             already have stop lamps, which does                     visible.’’                                            consider the burden on industry if the
                                             not support the conclusion that a stop                     Based on the information described in              final rule is implemented, stating that
                                             lamp requirement is reasonably related                  the NPR and reviewed above, the                       the NPR ‘‘disregards the fact that
                                             to the safe performance of ATVs.                        Commission has no basis to conclude                   adopting these new standards will
                                             Similarly, another commenter                            that the conspicuity changes to the                   impose financial hardship on ATV
                                             concluded that the proposed rule lacked                 ANSI standard are not reasonably                      manufacturers.’’ This commenter
                                             ‘‘the factual or analytical basis’’ to                  related to the safe performance of ATVs.              suggested that, in lieu of the final rule,
                                             support a rule, and therefore, was                      In the NPR, the Commission determined                 ‘‘the Commission implement a
                                             ‘‘arbitrary and capricious.’’                           that increasing the conspicuity of an                 mandatory licensing program that
                                                Response: Under section 42(b) of the                 ATV helps an ATV to be seen by other                  teaches ATV safety.’’
                                             CPSA, 15 U.S.C. 2089(b)(2), once                        vehicles in various lighting conditions.                 Response: The commenter provided
                                             notified by ANSI of a change to the                     Accordingly, the Commission                           no information or data for CPSC to
                                             voluntary standard for ATVs, the                        determined that voluntary standard                    evaluate regarding the alleged hardship
                                             Commission is required to amend the                     provisions that increase ATV                          to industry. SVIA stated that
                                             consumer product safety standard for                    conspicuity are reasonably related to the             manufacturer planning for 2019 model
                                             all-terrain vehicles to include any such                safe performance of ATVs. By statute,                 year ATVs is under way and that
                                             revision that the Commission                            the Commission is required to include                 manufacturers intend to meet the
                                             determines is reasonably related to the                 such provisions in the mandatory                      requirements of ANSI/SVIA 1–2017 for
                                             safe performance of all-terrain vehicles,               consumer product safety standard.                     the 2019 model year. Other than the
                                             and must notify ANSI of any provision                                                                         effective date issue discussed above, the
                                             the Commission determines not to be so                  C. Comments Regarding the Scope of
                                                                                                                                                           Commission did not receive any
                                             related. This rulemaking follows the                    the Stop-Lamp Requirement
                                                                                                                                                           comments from any ATV manufacturer
                                             procedure required by the statute for the                  Comment: Two commenters stated                     or SVIA to support the contention that
                                             Commission to use when ANSI revises                     that the final rule should clarify the                implementation of the final rule will
                                             its voluntary standard. The Commission                  scope of the proposed stop-lamp                       impose a financial hardship. As
                                             is not establishing its own consumer                    requirement and provide rationale if the              discussed above, the final rule sets
                                             product safety standard under the                       requirement only applies to adult and                 January 1, 2019 as the effective date to
                                             requirements of sections 7 and 9 of the                 transition category ATVs. One                         address SVIA’s concern.
                                             CPSA.                                                   commenter stated that the requirement                    Regarding the suggestion that the
                                                Regarding the data presented in the                  for stop-lamps should be for ‘‘all                    Commission establish a licensing and
                                             NPR, staff’s analysis of the 2007 study                 categories of ATVs.’’                                 instruction program, such action is
                                             identified 13 rear-end collisions, and                     Response: ANSI/SVIA 1–2017                         outside the jurisdiction of the CPSC’s
                                             staff noted that eight of the 13 incidents              requires stop lamps on all adult and                  authority. The authority to implement
                                             ‘‘illustrate the hazard of rear-end                     transition ATVs, and on all youth ATVs                any licensing requirements for ATV
                                             collisions related to braking.’’ Staff did              equipped with a head lamp or                          drivers rests with the states.
                                             not, and does not, represent that                       conspicuity lamp. A youth ATV without
                                                                                                     any front lights does not require a stop              IV. Description of the Final Rule
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                                             anecdotal incidents constitute ‘‘proof’’
                                             of the effectiveness of stop lamps.                     lamp. By design, youth ATVs do not                      The final rule revises 16 CFR
                                                The information provided in the NPR                  have the same speed and equipment                     1420.3(a), ‘‘Requirements for four-wheel
                                             explained CPSC staff’s interactions with                capabilities as adult and transition                  ATVs’’ to incorporate by reference the
                                             the voluntary standard organization,                    ATVs. For example, not all youth ATVs                 ANSI/SVIA 1–2017 standard, instead of
                                             and provided context for why the                        are equipped with lights, nor do they                 the ANSI/SVIA 1–2010 version. ANSI/
                                             Commission determined that the                          have electrical systems that are robust               SVIA 1–2017 contains requirements and


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                                                              Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations                                          8339

                                             test methods relating to ATVs, including                based on staff’s assessment using                     construction, packaging, or labeling of
                                             vehicle equipment and configuration,                    January 1, 2019 as the effective date, the            such product dealing with the same risk
                                             vehicle speed capability, brake                         Commission certifies that the final rule              of injury unless the state requirement is
                                             performance, pitch stability,                           is unlikely to have a significant impact              identical to the federal standard. Section
                                             electromagnetic compatibility, and                      on a substantial number of small                      26(c) of the CPSA also provides that
                                             sound level limits. Revisions                           entities.                                             states or political subdivisions of states
                                             incorporated into ANSI/SVIA 1–2017                                                                            may apply to the Commission for an
                                             are described in section II of this                     VII. Paperwork Reduction Act                          exemption from this preemption under
                                             preamble.                                                 The final rule does not impose any                  certain circumstances. Section 42(a)(1)
                                                                                                     information collection requirements.                  of the CPSA refers to rules issued under
                                             V. Effective Date                                       Accordingly, this rule is not subject to              that section as ‘‘consumer product
                                                Section 42(b) of the CPSA provides a                 the Paperwork Reduction Act, 44 U.S.C.                safety standards.’’ Therefore, the
                                             timetable for the Commission to issue a                 3501–3520.                                            preemption provision of section 26(a) of
                                             notice of proposed rulemaking (within                                                                         the CPSA applies to this final rule.
                                             120 days of receiving notification of a                 VIII. Environmental Considerations
                                             revised ANSI/SVIA standard) and to                         The Commission’s regulations                       XI. Notice of Requirements
                                             issue a final rule (within 180 days of                  provide a categorical exemption for the                 The CPSA establishes certain
                                             publication of the proposed rule), but                  Commission’s rules from any                           requirements for product certification
                                             the statute does not set an effective date.             requirement to prepare an                             and testing. Certification of children’s
                                             The Commission proposed in the NPR                      environmental assessment or an                        products subject to a children’s product
                                             that the final rule would take effect 60                environmental impact statement as they                safety rule must be based on testing
                                             days after publication of a final rule in               ‘‘have little or no potential for affecting           conducted by a CPSC-accepted third-
                                             the Federal Register, and it would apply                the human environment.’’ 16 CFR                       party conformity assessment body. 15
                                             to ATVs manufactured or imported on                     1021.5(c)(2). This final rule falls within            U.S.C. 2063(a)(2). The Commission is
                                             or after that date. However, based on the               the categorical exemption.                            required to publish a notice of
                                             SVIA’s objection to a 60-day effective                                                                        requirements (NOR) for the
                                             date, as discussed above in section III.A,              IX. Incorporation by Reference
                                                                                                                                                           accreditation of third-party conformity
                                             the effective date for this final rule is                  Section 1420.3 of the final rule                   assessment bodies to assess conformity
                                             January 1, 2019. Accordingly, all ATVs                  provides that ATVs must comply with                   with a children’s product safety rule to
                                             manufactured or imported on or after                    ANSI/SVIA 1–2017. The OFR has                         which a children’s product is subject.
                                             January 1, 2019, must comply with the                   regulations concerning incorporation by               Id. 2063(a)(3). On August 27, 2010, the
                                             final rule.                                             reference. 1 CFR part 51. These                       Commission published an NOR for
                                                                                                     regulations require that, for a final rule,           accreditation of third-party conformity
                                             VI. Regulatory Flexibility Act
                                                                                                     agencies must discuss in the preamble                 assessment bodies for testing ATVs
                                                The Regulatory Flexibility Act (RFA)                 to the rule the way in which materials                designed or intended primarily for
                                             generally requires that agencies review                 that the agency incorporates by                       children 12 years of age or younger. 75
                                             a proposed rule for the rule’s potential                reference are reasonably available to                 FR 52616. The 2017 revision to the ATV
                                             economic impact on small entities,                      interested persons, and how interested                standard does not substantially alter
                                             including small businesses. The NPR                     parties can obtain the materials.                     third party conformance testing
                                             explained that the most significant                     Additionally, the preamble to the rule                requirements for ATVs designed or
                                             changes to the voluntary standard                       must summarize the material. 1 CFR                    intended primarily for children 12 years
                                             involved requirements for brake-                        51.5(b).                                              of age or younger. Accordingly, the NOR
                                             actuated stop lamps and reflectors, and                    In accordance with the OFR’s                       for third-party testing of youth ATVs
                                             that CPSC’s analysis demonstrated that                  requirements, the discussion in sections              remains unchanged. The Commission
                                             the majority of ATVs already comply                     II, III, and IV of this preamble                      considers the existing accreditations
                                             with these requirements. Consequently,                  summarize the provisions of ANSI/SVIA                 that the Commission has accepted for
                                             the Commission anticipated that the                     1–2017. ANSI/SVIA 1–2017 is                           testing to the ATV standard to also
                                             cost of the changes required to bring                   copyrighted. Interested persons may                   cover testing to the revised 2017 ATV
                                             ATVs that do not comply into                            purchase a copy of ANSI/SVIA 1–2017                   standard.
                                             compliance with the rule would be very                  from Specialty Vehicle Institute of
                                             low on a per-unit basis. The                            America, 2 Jenner, Suite 150, Irvine, CA              List of Subjects in 16 CFR Part 1420
                                             Commission certified that the rule                      92618–3806; telephone: 949–727–3727                     Consumer protection, Imports,
                                             would not have a significant impact on                  ext. 3023; www.svia.org. One may also                 Incorporation by reference, Infants and
                                             a substantial number of small entities.                 inspect a copy at CPSC’s Office of the                children, Information, Labeling, Law
                                             82 FR at 42962.                                         Secretary, U.S. Consumer Product                      enforcement, Recreation and recreation
                                                As discussed in section III.A of this                Safety Commission, Room 820, 4330                     areas, Reporting and recordkeeping
                                             preamble, the Commission received a                     East West Highway, Bethesda, MD                       requirements, Safety.
                                             comment from the SVIA stating that the                  20814, telephone: 301–504–7923.                         For the reasons stated in the
                                             proposed 60-day effective date could                                                                          preamble, the Commission amends 16
                                             change the financial impact of the rule.                X. Preemption
                                                                                                                                                           CFR part 1420 as follows:
                                             In response, the Commission will                          Section 26(a) of the CPSA, 15 U.S.C.
                                             provide additional time to comply with                  2075(a), provides that when a consumer                PART 1420—REQUIREMENTS FOR
                                             the final rule, setting January 1, 2019 as              product safety standard is in effect and
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                                                                                                                                                           ALL-TERRAIN VEHICLES
                                             the effective date. Affording a later                   applies to a product, no state or political
                                             effective date should provide                           subdivision of a state may either                     ■ 1. The authority citation for part 1420
                                             manufacturers sufficient time to                        establish or continue in effect a standard            continues to read as follows:
                                             incorporate any necessary changes                       or regulation that prescribes                            Authority: The Consumer Product Safety
                                             during the normal planning and design                   requirements for the performance,                     Improvement Act of 2008, Pub. Law 110–314,
                                             of new model year ATVs. Accordingly,                    composition, contents, design, finish,                § 232, 122 Stat. 3016 (August 14, 2008).



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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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis 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.
ContactJustin Jirgl, Compliance Officer, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: 301-504-7814; email: [email protected]
FR Citation83 FR 8336 
CFR AssociatedConsumer 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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