[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Proposed Rules]
[Pages 45904-45962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6703]
[[Page 45903]]
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Part II
Consumer Product Safety Commission
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16 CFR Parts 1307, 1410, 1500 and 1515
Standards for All Terrain Vehicles and Ban of Three-Wheeled All Terrain
Vehicles; Proposed Rule
Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 /
Proposed Rules
[[Page 45904]]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1307, 1410, 1500 and 1515
Standards for All Terrain Vehicles and Ban of Three-Wheeled All
Terrain Vehicles; Notice of Proposed Rulemaking
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: To address the unreasonable risks of injury and death
associated with all terrain vehicles (``ATVs''), the Commission is
proposing rules for adult and youth ATVs. The proposed rules include
requirements concerning the mechanical operation of ATVs, requirements
for providing safety information about operating ATVs (such as through
labeling and training), and requirements for certification, testing and
recordkeeping. The proposed standards would apply to adult single-rider
and tandem ATVs and to youth ATVs. The Commission is also proposing a
rule to ban three-wheeled ATVs. The proposed rules are issued under the
authority of both the Consumer Product Safety Act (``CPSA'') and the
Federal Hazardous Substances Act (``FHSA'').
DATES: Written comments in response to this document must be received
by the Commission no later than October 24, 2006. Comments on elements
of the proposed rule that, if issued in final form would constitute
collection of information requirements under the Paperwork Reduction
Act, may be filed with the Office of Management and Budget (``OMB'')
and with the Commission. Comments will be received by OMB until October
10, 2006.
ADDRESSES: Comments should be filed by email to cpsc-os.gov. Comments
also may be filed by telefacsimile to (301) 504-0127 or they may be
mailed or delivered, preferably in five copies, to the Office of the
Secretary, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7923.
Comments should be captioned ``ATV NPR.''
Comments to OMB should be directed to the Desk Officer for the
Consumer Product Safety Commission, Office of Information and
Regulatory Affairs, OMB, Washington, DC 20503. The Commission asks
commenters to provide copies of such comments to the Commission's
Office of the Secretary, with a caption or cover letter identifying the
materials as copies of comments submitted to OMB on the proposed
collection of information requirements for the proposed ATV standard.
FOR FURTHER INFORMATION CONTACT: Elizabeth Leland, Project Manager, ATV
Safety Review, Directorate for Economic Analysis, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-7706 or e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
The Commission is proposing rules that will cover single-rider
ATVs, tandem ATVs (intended for two people) and ATVs intended for
children under 16 years of age.\1\ These proposed rules include
proposed standards that specify mechanical requirements for ATVs and
informational requirements so that ATV purchasers and operators will
have safety information about ATVs. The Commission is also proposing to
ban three-wheeled ATVs. The Commission believes that these proposed
rules are necessary to address an unreasonable risk of injury and death
associated with ATVs.
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\1\ The Commission voted unanimously to issue the notice of
proposed rulemaking with changes to address youth and adult ATV
training (subsection (g)). Commissioner Nancy A. Nord and
Commissioner Thomas H. Moore voted for additional changes not
included in Chairman Stratton's vote, including additional
instructions to staff and request for comments, a new subsection and
modifying language in the preamble. Commissioners Nord and Moore
issued statements which are available from the Commission's Office
of the Secretary or from the Commission's Web site, http://www.cpsc.gov.
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ATVs were first available in this country in the early 1970's, and
became increasingly popular in the early 1980's. With their rise in
popularity, the number of ATV-related incidents also rose. On May 31,
1985, the Commission published an advance notice of proposed rulemaking
(``ANPR'') stating the Commission's safety concerns and outlining
options the Commission was considering to address ATV-related hazards.
50 FR 23139. In 1987, the Commission filed a lawsuit under section 12
of the CPSA against the five companies that were major ATV distributors
at that time to declare ATVs an imminently hazardous consumer product,
see 15 U.S.C. 2061(b)(1).\2\ The lawsuit was settled by Consent Decrees
filed on April 28, 1988 that were effective for ten years.
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\2\ The five distributors were American Honda Motor Co., Inc.,
American Suzuki Motor Corp., Polaris Industries, L.P., Yamaha Motor
Corp., USA, and Kawasaki Motors Corp., USA. In 1996, Arctic Cat,
Inc. began manufacturing ATVs and entered into an Agreement and
Action Plan with the Commission in which the company agreed to take
substantially the same actions as required under the Consent
Decrees.
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1. The Consent Decrees
In the Consent Decrees, the distributors agreed to: (1) Halt the
distribution of three-wheel ATVs, (2) attempt ``in good faith'' to
devise a voluntary performance standard satisfactory to the Commission;
(3) label ATVs with four types of warnings, the language and format of
which were specified in the Consent Decrees; (4) supplement existing
owners manuals with safety text and illustrations specified in the
Consent Decrees and to prepare new owners manuals with specified safety
information; (5) provide point of purchase safety materials meeting
guidelines specified by the Consent Decrees, including hangtags, a
safety video, and other safety information; (6) and offer a rider
training course to ATV purchasers and members of their immediate
families at no cost. In addition, the Consent Decrees contained several
media and marketing provisions.
The distributors also agreed in the Consent Decrees that they would
``represent affirmatively'' that ATVs with engine sizes between 70 and
90 cc should be used only by those age 12 and older, and that ATVs with
engine sizes larger than 90 cc should be used only by those 16 and
older. Because distributors did not sell their products directly to
consumers but through dealerships (which were not parties to the
Consent Decrees), distributors agreed to ``use their best efforts to
reasonably assure'' that ATVs would ``not be purchased by or for the
use of'' anyone who did not meet the age restrictions. While the
Consent Decrees were in effect, the distributors entered into
agreements with the Commission and the Department of Justice agreeing
to monitor their dealers to determine whether they were complying with
the age recommendations and to terminate the franchises of dealers who
repeatedly failed to provide the appropriate age recommendations.
2. Development of the Voluntary Standard for Single-Rider ATVs
Industry had begun work on a voluntary standard before the Consent
Decrees were in place. Distributors that were parties to the Decrees
agreed to work in good faith to develop a voluntary standard that was
satisfactory to the Commission within four months of the signing of the
Consent Decrees. The five companies, working through the Specialty
Vehicle Institute of America (``SVIA''), submitted a standard
[[Page 45905]]
for approval as an American National Standards Institute (``ANSI'')
standard in December 1988. On January 13, 1989, the Commission
published a notice in the Federal Register concluding that the
voluntary standard was ``satisfactory'' to the Commission.\3\ 54 FR
1407. The standard, known as ANSI/SVIA 1-2001, The American National
Standard for Four Wheel All-Terrain Vehicles--Equipment, Configuration,
and Performance Requirements, was first published in 1990, and was
revised in 2001. The ANSI standard has requirements for the mechanical
operation of ATVs, but does not contain any provisions concerning
labeling, owners manuals or other information to be provided to the
purchaser because such requirements were stated in the Consent Decrees
that were in effect when the ANSI standard was developed. As discussed
in section G.3, ANSI now has a draft voluntary standard for tandem
ATVs.
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\3\ In the FR notice, the Commission noted that it
``specifically reserved its rights under the consent decrees to
institute certain enforcement or rulemaking proceedings in the
future.'' 54 FR 1407.
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3. ATV Action Plans/Letters of Undertaking
The Consent Decrees expired in April 1998. The Commission entered
into voluntary ``Action Plans,'' also known as ``Letters of
Undertaking'' or ``LOUs,'' with eight major ATV distributors (the five
who had been parties to the Consent Decrees, plus Arctic Cat, Inc.,
Bombardier, Inc. and Cannnondale Corporation, which no longer makes
ATVs) See 63 FR 48199 (summarizing Action Plans).\4\ Except for
Bombardier's, all of the Action Plans took effect in April 1998 at the
expiration of the Consent Decrees. (Bombardier's took effect in 1999
when the company began selling ATVs.) The companies agreed to continue
many of the actions the Consent Decrees had required concerning the age
recommendations, point of sale information (i.e., warning labels,
owners manuals, hang tags, safety alerts, and safety video),
advertising and promotional materials, training, and stopping
distribution of three-wheeled ATVs.
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\4\ These documents are available on CPSC's Web site at
www.cpsc.gov/library/foia/foia98/fedreg/honda.pdf; www.cpsc.gov/library/foia/foia98/fedreg/suzuki.pdf; www.cpsc.gov/library/foia/foia98/fedreg/kawasaki.pdf; www.cpsc.gov/library/foia/foia98/fedreg/polaris; www.cpsc.gov/library/foia/foia98/fedreg/yamaha.pdf;
www.cpsc.gov/library/foia/foia98/fedred/arctic.pdf; and
www.cpsc.gov/library/foia/foia99/pubcom/bobard.pdf.
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4. Termination of Previous Rulemaking
As mentioned above, the Commission issued an ANPR concerning ATVs
in 1985, but chose to pursue legal action under section 12 of the CPSA
instead of taking regulatory action. In 1991, the Commission terminated
the rulemaking proceeding it had started with the 1985 ANPR. 56 FR
47166. The Commission observed in its termination notice that, at the
time of the termination, the Consent Decrees were in effect, the five
ATV distributors had agreed to conduct monitoring of dealers'
compliance with the Consent Decrees' provisions, and ATV-related
injuries and deaths were declining. The ATV-related injury rate for the
general population (per ATV) had dropped by about 50 percent between
1985 and 1989, and ATV-related fatalities had declined from an
estimated 347 in 1986 to about 258 in 1989. Id. At 47170.
The Commission's termination of its rulemaking proceeding was
challenged by the Consumer Federation of America (``CFA'') and U.S.
Public Interest Research Group (``PIRG'') arguing that withdrawing the
ANPR rather than pursuing a ban on the sale of new adult-size ATVs for
use by children under 16 was arbitrary and capricious. The court upheld
the Commission's decision. Consumer Federation of America v. Consumer
Product Safety Commission, 990 F.2d 1298 (D.C. Cir. 1993). The court
noted that it was reasonable for the Commission to determine the
effectiveness of the Consent Decrees and monitoring activities before
considering whether additional action would be necessary. Id. at 1306.
5. CFA's Petition and the Chairman's Memo
In August 2002, CFA and eight other groups requested that the
Commission take several actions regarding ATVs. CPSC docketed the
portion of the request that met the Commission's docketing requirements
in 16 CFR Sec. 1051.5(a). That request asked for a rule banning the
sale of adult-size four wheel ATVs for the use of children under 16
years old. The Commission solicited public comments on the petition. 67
FR 64353 (2002). In 2003, the Commission held a public hearing in West
Virginia, and the Chairman held hearings in Alaska and New Mexico to
hear oral presentations from the public about ATVs. The staff prepared
a briefing package analyzing the petition and recommending that the
Commission deny the petition (available on the Commission's Web site at
www.cpsc.gov/library/foia/foia05/brief/briefing.html). (After an
initial vote on October 6, 2005 to defer a decision on the petition,
the Commission voted 2-1 to deny the petition when it voted on July 12,
2006 to issue this NPR. The statements issued by Commissioner Nord and
Commissioner Moore, referenced in footnote 1, also discuss their votes
on the petition.)
On June 8, 2005, Chairman Hal Stratton delivered a memorandum to
the staff asking the staff to review all ATV safety actions and make
recommendations on a number of issues. The memo directed the staff to
consider whether: (1) The current ATV voluntary standards are adequate
in light of trends in ATV-related deaths and injuries; (2) the current
ATV voluntary standards or other standards pertaining to ATVs should be
adopted as mandatory standards by the Commission; and (3) other
actions, including rulemaking, should be taken to enhance ATV safety.
The memo also identified several specific issues for the staff to
review, namely: (1) Pre-sale training/certification requirements; (2)
enhanced warning labels; (3) formal notification of safety rules by
dealers to buyers; (4) the addition of a youth ATV model appropriate
for 14-year olds; (5) written notification of child injury data at the
time of sale; (6) separate standards for vehicles designed for two
riders; and (7) performance safety standards. The memo directed the
staff to give particular attention to improving the safety of young
riders.
6. 2005 ANPR
On October 14, 2005, the Commission published an ANPR that began
this proceeding. 70 FR 60031. The ANPR reviewed the history of the
Commission's involvement with ATVs, summarized the ANSI/SVIA-1-2001
standard, described regulatory and non-regulatory options to address
ATV-related injuries and deaths, and requested comments from the
public. Comments on the ANPR and the Commission's responses are
discussed at section H.
B. Statutory Authority
This proceeding is conducted pursuant to the Consumer Product
Safety Act (``CPSA'') and the Federal Hazardous Substances Act
(``FHSA''). All Terrain Vehicles are ``consumer products'' which can be
regulated by the Commission under the authority of the CPSA. See 15
U.S.C. 2052(a). However, the FHSA provides the Commission with
regulatory authority over articles intended for use by children. See 15
U.S.C. 1261(f)(1)(D). See also 15 U.S.C. 2079(d) (requiring, that the
Commission regulate under the FHSA if the risk of injury at issue can
be eliminated or sufficiently reduced by action under the FHSA unless
the Commission finds by rule that it is in the public interest to
[[Page 45906]]
regulate under the CPSA). Thus, the Commission is proposing standards
for adult 4-wheel ATVs and a ban of adult three-wheeled ATVs under the
CPSA, and is proposing a standard for youth ATVs, which includes a ban
of three-wheeled ATVs, under the FHSA.
1. The CPSA
Section 7 of the CPSA authorizes the Commission to issue consumer
product safety standards that consist of performance requirements and/
or requirements for warnings or instructions. Id. 2056(a). The
requirements of the standard must be ``reasonably necessary to prevent
or reduce an unreasonable risk of injury associated with such
product.'' Id.
Section 8 of the CPSA authorizes the Commission to issue a rule
declaring a consumer product a ``banned hazardous product'' when the
Commission finds that: The product is being, or will be, distributed in
commerce; the product presents an unreasonable risk of injury; and no
feasible consumer product safety standard would adequately protect the
public from the risk of injury. Id. 2057.
Section 9 of the CPSA specifies the procedure the Commission must
follow to issue a consumer product safety standard or a ban under
section 8. In accordance with section 9, the Commission commenced this
rulemaking by issuing an ANPR identifying the product and the risk of
injury, summarizing regulatory alternatives, and inviting comments or
suggested standards from the public. Id. 2058(a). 70 FR 60031 (2005).
The Commission considered the comments submitted in response to the
ANPR, and has decided to issue these proposed rules and a preliminary
regulatory analysis in accordance with section 9(c) of the CPSA. Next,
the Commission will consider the comments received in response to the
proposed rules and decide whether to issue final rules and a final
regulatory analysis. 15 U.S.C. 2058(c)-(f).
According to section 9(f)(1) of the CPSA, before promulgating a
consumer product safety rule, the Commission must consider, and make
appropriate findings to be included in the rule, concerning the
following issues: (1) The degree and nature of the risk of injury that
the rule is designed to eliminate or reduce; (2) the approximate number
of consumer products subject to the rule; (3) the need of the public
for the products subject to the rule and the probable effect the rule
will have on utility, cost or availability of such products; and (4)
means to achieve the objective of the rule while minimizing adverse
effects on competition, manufacturing and commercial practices. Id.
2058(f)(1).
According to section 9(f)(3) of the CPSA, to issue a final rule,
the Commission must find that the rule is ``reasonably necessary to
eliminate or reduce an unreasonable risk of injury associated with such
product'' and that issuing the rule is in the public interest. Id.
2058(f)(3)(A) & (B). In addition, if a voluntary standard addressing
the risk of injury has been adopted and implemented, the Commission
must find that (1) the voluntary standard is not likely to eliminate or
adequately reduce the risk of injury, or that (2) substantial
compliance with the voluntary standard is unlikely. Id. 2058(f)(3)(D).
The Commission also must find that expected benefits of the rule bear a
reasonable relationship to its costs and that the rule imposes the
least burdensome requirements that would adequately reduce the risk of
injury. Id. 2058(f)(3)(E) & (F).
Other provisions of the CPSA also authorize this rulemaking.
Section 27(e) provides the Commission with authority to issue a rule
requiring consumer product manufacturers to provide the Commission with
such performance and technical data related to performance and safety
as may be required to carry out the CPSA, and to give such performance
and technical data to prospective and first purchasers. Id. 2076(e).
This provision bolsters the Commission's authority under section 7 to
require provision of safety-related information such as hangtags,
instructional/owners manuals, safety videos, and training.
Section 14 of the CPSA authorizes the Commission to issue a rule
requiring certification that a product meets a consumer product safety
standard. Id. 2063(c). Section 14 also authorizes the Commission to
prescribe, by rule, reasonable testing programs for consumer products
subject to a consumer product safety rule. Id. 2063(b).
Finally, section 16 of the CPSA authorizes the Commission to issue
rules requiring establishment and maintenance of records needed to
implement the CPSA or to determine compliance with rules or orders
issued under the CPSA. Id. 2065(b).
2. The FHSA
The FHSA requires proceedings and findings similar to those
required by the CPSA. Section 2(f)(1)(D) of the FHSA defines
``hazardous substance'' to include any toy or other article intended
for use by children that the Commission determines, by regulation,
presents an electrical, mechanical, or thermal hazard. 15 U.S.C.
1261(f)(1)(D). An article may present a mechanical hazard if its design
or manufacture presents an unreasonable risk of personal injury or
illness during normal use or when subjected to reasonably foreseeable
damage or abuse. 15 U.S.C. 1261(s).
Under section 2(q)(1)(A) of the FHSA, an article intended for use
by children, which is a hazardous substance (as defined in the FHSA)
accessible by a child, is banned. 15 U.S.C. 1261(q)(1)(A). Under this
authority, the Commission can issue a rule stating that if a particular
article intended for use by children does not meet requirements that
the Commission specifies by rule, the item is banned. See Forester v.
Consumer Product Safety Commission, 559 F.2d 774, 782 (D.C. Cir. 1977).
Section 3(f) through 3(i) of the FHSA, 15 U.S.C. 1262(f)-(i),
describes the procedures to promulgate a regulation determining that an
article intended for children presents an electrical, mechanical, or
thermal hazard. The procedures are the same as those required for a
CPSA rule discussed above. 15 U.S.C. 1262(f) through (i).
Before the Commission can issue this type of final rule under the
FHSA, it must make many of the same findings necessary for a final CPSA
rule: (1) if an applicable voluntary standard has been adopted and
implemented, that compliance with the voluntary standard is not likely
to adequately reduce the risk of injury, or compliance with the
voluntary standard is not likely to be substantial; (2) that benefits
expected from the regulation bear a reasonable relationship to its
costs; and (3) that the regulation imposes the least burdensome
alternative that would adequately reduce the risk of injury. Id.
1261(i)(2).
Section 10 of the FHSA authorizes the Commission to issue
regulations ``for the efficient enforcement of'' the FHSA. Id. 1269(a).
This provision gives the Commission authority to issue the requirements
for certification, testing and recordkeeping in the youth ATV standard.
C. The Product
1. What's Covered by the Proposed Rules
An ATV is a motorized vehicle with three or four broad, low
pressure tires (less than 10 pounds per square inch) a seat designed to
be straddled by the operator, handlebars for steering, and it is
designed for off-road use. Most ATVs are designed for use by only one
person. However, some companies have developed ATVs intended for use by
the operator and one passenger. These
[[Page 45907]]
ATVs are referred to in this notice as tandem ATVs. The proposed rules
the Commission is issuing cover three-wheeled ATVs, four-wheeled adult
ATVs intended for single riders, four-wheeled adult tandem ATVs, and
ATVs intended for children under 16 years of age (referred to here as
youth ATVs).
2. Market and Sales Information
The market for ATVs has increased greatly since they were first
introduced over thirty years ago. The SVIA, an ATV trade association,
estimated that in 2005, there were 6.9 million ATVs in use. The market
is made of seven major distributors of ATVs (the companies that have
entered into voluntary LOUs with the Commission and are represented by
SVIA) and new entrants that import ATVs to the U.S. Sales by both
groups have increased over the past decade. U.S. retail sales of ATVs
by the seven major distributors have increased from an estimated
293,000 ATVs sold in the U.S in 1995 to an estimated 921,000 ATVs sold
in the U.S. in 2005. [4] \5\
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\5\ Numbers in brackets refer to documents listed at the end of
this notice. They are available from the Commission's Office of the
Secretary (see ``Addresses'' section above) or from the Commission's
web site (http://www.cpsc.gov/library/foia/foia.html)
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3. Imports
Imports for the new entrants have increased markedly in recent
years. In the late 1990's, imports comprised a small portion of the ATV
market, near zero. In 2001, imports were estimated to account for about
5 percent of total U.S. sales. By 2004, imports had increased to 10
percent of the total U.S. market. [4]
In 2006, Commission staff has identified over 80 importers of ATVs.
Most of these firms import other products in addition to ATVs, such as
powered scooters, dirt bikes, go-carts and snow mobiles. A recent trade
report estimated that 100 to 150 Chinese manufacturers and an estimated
22 Taiwanese firms exported ATVs worldwide in 2005. The trade report
does not indicate what share of these firms'' output is exported to the
U.S., but based on another trade analysis, Commission staff estimates
that approximately 80,000 ATVs were exported from China to the U.S. in
2004 and approximately 14,000 ATVs were exported from Taiwan in that
year. There also appear to be imports from other countries in Europe
and Southeast Asia (notably South Korea and Vietnam), but the staff
does not have information on the extent of such imports. [4]
Staff has observed that imported ATVs may lack some or all of the
labeling specified in the LOUs. On such ATVs, labels may be unclear,
translated incorrectly, or in a language other than English. Staff has
also found that owner's manuals for imported ATVs may not provide
information that could be understood by U.S. consumers (e.g.,
information that conflicts with labeling, measurements in unfamiliar
measuring systems). [8]
4. Marketing
The major distributors have traditionally marketed ATVs through
franchises, either as free-standing locations or in conjunction with
other related retail operations (such as motorcycle retailers). [4]
Imported ATVs are sold in a variety of ways. They may be sold
through distributors, including some of the major distributors. Foreign
firms also market through U.S. importer/wholesalers who, in turn, may
market the products to retailers (including such mass marketers as Pep
Boys, Fleet and Farm, Wal-Mart, Sam's Club, and BJ's). Some importer/
suppliers also have dealer networks. [4]
Imported ATVs also are offered for sale directly to consumers
through import brokers who transship imported units to retailers (or
consumers), often without taking physical control of the products. Web
sites offering ATVs for sale are ubiquitous. A recent CPSC surveillance
effort reported that there were literally hundreds of Web sites
offering ATVs for sale, but the staff does not know the extent of
actual purchases through the Internet. [4]
5. Consumer Prices
The staff's 2004 market study observed that the major distributors'
suggested retail price for ATVs ranged from about $2,000 to $8,000; the
median suggested retail price was $5,150. As a subgroup, the price
ranges for youth ATVs from these manufacturers was $1,800 to $2,500.
The median suggested retail price for youth ATVs was about $2,300. [4]
A recent staff Internet search of new ATVs with brand names other
than those of the North American distributors, offered for sale by
business entities, found youth ATV models ranging from about $320 to
$950 each, with an average price of about $630. Larger ATVs ranged from
about $600 to $2,400, with an average of $1,340. The cited prices
included the cost of shipping to points within the lower 48 states from
the dealers' U.S. warehouses. Thus, it appears that ATVs from
importers/new entrants may have a significant price advantage over the
major distributors' products. [4]
D. Risk of Injury
As noted in the 2005 ANPR, the most recent annual report of ATV
deaths and injuries that the Commission has issued is the 2004 Annual
Report (which was issued in September 2005). According to that report,
the Commission had reports of 6,494 ATV-related deaths that have
occurred since 1982. Of these, 2,019 (31 percent of the total) were to
children under 16 years of age and 845 (13 percent of the total) were
to children under 12 years of age. According to the 2004 Annual Report,
569 ATV-related deaths were reported to the Commission for 2003. Deaths
reported to the Commission represent a minimum count of ATV-related
deaths. To account for ATV-related deaths that are not reported to the
Commission, the staff calculates an estimated number of ATV deaths. The
most recent estimate of ATV-related deaths for 2003 is 740. [3]
CPSC collects information on hospital emergency room treated
injuries. The estimated number of ATV-related injuries treated in
hospital emergency rooms in 2004 was 136,100. This is an increase of
about eight percent over the 2003 estimate. The estimated number of
injuries to children under 16 in 2004 was 44,700 (about 33 percent of
the total estimated injuries for 2004). [3]
The staff also estimates the risk of injury and the risk of death
per 10,000 ATVs in use. According to the 2004 Annual Report, the
estimated risk of injury for four-wheel ATVs for 2004 was 187.9
injuries per 10,000 four-wheel ATVs in use. A recent high in the
estimated risk of injury occurred at 200.9 in 2001. The estimated risk
of death for four-wheel ATVs in 2003 was 1.1 deaths per 10,000 four-
wheel ATVs in use. In 1999, the earliest comparable year due to changes
in data collection, the estimated risk of death was 1.4 deaths per
10,000 four-wheel ATVs in use. [3]
Based on injury and exposure studies conducted in 1997 and, most
recently, in 2001, the estimated number of ATV-related injuries treated
in hospital emergency rooms rose from 52,800 to 110,100 (a 109 percent
increase). Injuries to children under 16 rose 60 percent. During these
years, the estimated number of ATV drivers rose from 12 to 16.3 million
(a 36 percent increase); the estimated number of driving hours rose
from 1,580 to 2,360 million (a 50 percent increase); and the estimated
number of ATVs rose from 4 to 5.6 million (a 40 percent increase). The
chief finding of the 2001 Report was that increases in the estimated
[[Page 45908]]
numbers of drivers, driving hours and vehicles did not account for all
of the increase in the estimated number of ATV injuries. [3]
E. Children and ATVs
During its involvement with ATVs, the Commission has been
particularly concerned with reducing the ATV-related deaths and
injuries suffered by children. The Consent Decrees established age
guidelines, which the major distributors continue through their Letters
of Undertaking. In the Consent Decrees, the major distributors agreed
to represent and to make their best efforts to see that their dealers
also abided by age recommendations in their dealings with purchasers.
These age recommendations were based on the ATV's engine size (measured
as cubic centimeter (``cc'') displacement). They established that an
ATV with an engine that is larger than 90 cc should be used only by
those 16 years of age and older, and that an ATV with an engine size
between 70 and 90 cc should be used only by those 12 years of age and
older. Thus, ATVs with engine sizes larger than 90 cc have been
considered adult ATVs.
Yet, in spite of these efforts through the Consent Decrees and
LOUs, recent Commission staff studies have shown that many children
ride adult ATVs, and that injury rates are climbing. The Commission's
injury and exposure studies indicate that injuries to children under
age 16 rose 60 percent from 1997 to 2001. Although the number of
children riding ATVs also rose during this period, that increase does
not fully account for the rise in incidents.
The age delineations in the Consent Decrees made no mention of
speed limits. However, the ANSI/SVIA-1-2001 voluntary standard does
categorize youth ATVs by reference to speed limits. The voluntary
standard requires that Y-6 ATVs (intended for ages 6-11) have devices
to limit their speed to not more than 10 mph and allow upward
adjustment to a maximum unrestricted speed of 15 mph. Y-12 ATVs
(intended for ages 12-16) have similar requirements to limit speed to
not more than 15 mph and allow upward adjustment to a maximum
unrestricted speed of 30 mph.
The Commission is proposing to change the categorization of ATVs
based on engine size that the Consent Decrees established. Instead the
Commission proposes three categories of youth ATVs based on maximum
speed of the ATV. The 90cc policy is design restrictive; engine size
does not necessarily restrict ATV size, nor does it necessarily
regulate maximum unrestricted speed; staff cannot make assumptions
(e.g., speed, power, weight, or size) about all ATVs of a certain
engine size based solely on the engine displacement values; and the
current voluntary standard for ATVs categorizes youth ATVs by speed
limiting characteristics, not engine size.
The Commission's ESHF staff considered several sources to determine
appropriate categories of ATVs. Based on developmental characteristics,
children are typically grouped as: age 5 through 7 or 8; age 8 or 9
through 11 or 12; age 12 through 15; and age 16 and up. Children, of
course, do not all develop at the same rate, but these groupings are
appropriate for most.
The CPSC staff's Age Determination Guidelines, state that children
age 6 through 8 years can operate slow-moving motorized vehicles, and
that children age 9 through 12 years can operate motorized vehicles
with gear shifting up to 10 miles per hour. The guidelines state a
clear demarcation with the teenage years: ``faster [than 10 mph] moving
motorized [vehicles] are generally not appropriate even for 12-year-
olds because of the difficulty associated with both balancing and
steering the vehicle while moving.'' Since ATVs require significant
balance and control, it seems most appropriate to have an age division
around the late pre-teen/early teenage years. Based on youth attributes
described in the Age Determination Guidelines, reasonable youth ATV
categories would be Y-6 (``slow-moving,'' no gear shifting), Y-9
(speeds 5-15 mph, gear shifting acceptable) and Y-13 (since the Age
Determination Guidelines stop at age 12, no specifications can be made
based on them). Additionally, the Age Determination Guidelines mention
that 9-to 12-year-olds are generally ``aware of traffic laws, but they
are very likely to engage in high-risk behaviors like riding in traffic
and stunt riding.''
In addition to cognitive development, appropriate age groupings
should account for children's physical size. Analysis of children's
physical growth suggests groupings with breaks roughly at around ages 8
to 9 and 11 to 13, acknowledging that growth will be rapid between ages
11 and 16 for both males and females.
Groupings set out in the Age Determination Guidelines can be used
to delineate three categories for youth ATVs based on maximum speed of
the ATV. For the youngest category, the Age Determination Guidelines
indicate that the ATV should be ``slow-moving.'' One method of defining
``slow moving'' could be slow enough to allow parents to walk or jog
with the ATV to facilitate supervision. Under this premise, it would be
reasonable to set the maximum speed for the slowest youth ATV between
the jogging speed and running speed. Research indicates that is about 9
to 10 mph. Based on the Age Determination Guidelines, the next category
should be roughly 10 to 15 mph. The Age Determination Guidelines do not
extend past 12 years of age, but it is reasonable to assume that the
third category could be faster than 10 mph and that older, more
experienced teens may be able to handle speeds higher than 10 to 15
mph. The Commission's ESHF staff has found no scientific research to
support either raising or lowering the current 30 mph speed limit for
teens. Thus, 30 mph is a reasonable top speed for the third category of
youth ATVs.
Proposed ATV Models and Intended Ages
------------------------------------------------------------------------
ATV Model age (years) Speed range
------------------------------------------------------------------------
Junior 6 +................................ 10 mph or less.
Pre-teen 9 +.............................. 10*-15 mph.
Teen 12 +................................. 15*-30 mph.
Adult 16 +................................ Not restricted.
------------------------------------------------------------------------
* With speed limiter.
Although the weight of the ATV can play a role in the suitability
of an ATV for a youth, the Commission does not have sufficient
information to set an appropriate weight for youth ATVs.
Frame size also plays a role in the appropriateness of an ATV for a
child. Several commenters have expressed frustration with the current
ATVs available for children because the smaller frames of these ATVs
will not fit some 13 to 15 year olds. Establishing categories based on
speed limit rather than engine size may encourage manufacturers to
offer ATVs with larger frames (and larger engines), but with limited
maximum speeds that would be appropriate for children.
The availability of such youth ATVs may shift a number of young
riders to youth ATVs rather than larger adult models. This would
increase safety. Commission analysis indicates that the injury rate for
ATV riders under the age of 16 who are driving adult ATVs is about
twice the expected injury rate of those who are driving age-appropriate
ATVs. Moreover, these categories may enable more children to receive
formal ATV training. The largest and best established formal training
programs will not train children under age 16 unless they are riding an
appropriate youth model. [8]
The proposed rule also requires that youth ATVs must have automatic
[[Page 45909]]
transmissions. Based on the Age Determination Guidelines, ESHF staff
believes that manual transmission ATVs are inappropriate for children
under 9 years of age. Due to the high cognitive load required to
operate complex motorized vehicles, HF staff believes it best to allow
all children below 16 years of age to master driving skills before
learning to coordinate gear shifting with the many other skills
involved when riding.
F. Training
In the 1980s, Commission staff worked with the major ATV
distributors to develop the predecessor to the current ATV training
course that is offered through the ATV Safety Institute (``ASI''), the
non-profit training division of the SVIA. Training is important because
operating an ATV seems deceptively easy; steering controls are similar
to a bicycle, and the throttle is generally simply lever-operated with
the thumb. ATVs are, however, high-speed motorized vehicles that
require repeated practice to drive proficiently. Operating an ATV is
somewhat comparable to operating other complex motorized vehicles. ATVs
have top speeds approaching that of automobiles on highways, yet have
as little protection from oncoming objects as a motorcycle. Even at
relatively low speeds (20-30 mph) they can take as much skill to
operate as an automobile because the operator requires: (1) Situational
awareness to negotiate unpaved terrain with both eye-level hazards
(trees, other ATVs) and trail-level hazards (ditches, rocks, hidden
holes); and (2) quick judgments including not only steering, speed, and
braking, but also terrain suitability, weight shifting and other active
riding behaviors. [12]
Formal, hands-on training teaches drivers how the ATV responds in
situations that are typically encountered. ATV training may act as a
surrogate for experience because it exposes new ATV drivers to
situations they will encounter when riding off-road and teaches them
the proper driving behavior to navigate those situations.[12]
All of the major distributors offer training through the ASI. In
spite of the offers of free training and other incentives, relatively
few ATV riders take formal safety training. According to a 2004 study
by SVIA, only about 7 percent of new purchasers actually took training.
The newer entrants to the market do not offer any training with their
ATVs. These manufacturers account for about 10 percent of domestic ATV
sales, but their share of the market has been increasing. [4 & 12]
The Commission is proposing to require that manufacturers provide
purchasers with a certificate for free training for the purchaser and
any member of his/her immediate family who meets the age
recommendations for the ATV. The benefits of training to new ATV
purchasers could be substantial. As stated above, training may act as a
surrogate for experience. The greatest risk of injury occurs with
inexperienced riders. Staff's analysis of ATV incident data has found a
strong inverse relationship between driving experience and the risk of
hospital emergency department-treated injury. The analysis indicates
that risk in the first year of riding was about 65 percent higher than
the risk in the second year, and about twice the risk of the third
year. [8]
The proposed rules outline the basic content that a free training
course must have. This curriculum is based on CPSC safety messages and
the ``ATV Rider's Course Outline'' from the Consent Decrees. In
addition to instruction about the basic maneuvers that are necessary to
operate an ATV safely, the course must include instruction about the
risks of ATV-related deaths and injuries, the importance of safety
equipment, and the importance of avoiding the warned against behaviors
that are stated in the general warning label (such as children not
riding ATVs, not driving on paved roads, etc.). [12]
In many ways, training is essentially an extension of the warning
labels and owners instruction manuals. The training course provides the
rider with a fuller understanding of the risks involved in riding an
ATV and of the actions he/she can take to avoid or reduce these risks.
G. Description of Proposed Standards
1. General
The proposed standards draw from the ANSI/SVIA 1-2001 standard for
four-wheel ATVs (for single rider ATVs), the draft voluntary standard
for tandem ATVs, the Consent Decrees, and the LOUs. The Commission has
pulled together elements from all of these sources to construct
proposed standards with the goal of reducing ATV-related deaths and
injuries. Both the adult and youth standards require that ATVs meet
requirements for the mechanical operation of the ATV, informational/
point of sale requirements, and certification and recordkeeping
requirements.
The Commission believes that the reduction of deaths and injuries
from both adult and youth ATVs will require the active participation
and cooperation of the ATV industry and we encourage their
recommendations for additional safety provisions to the proposed
mandatory standards. The creation of viable, safer youth ATVs will be
an important component of any final rule.
2. Requirements for Adult Single Rider ATVs
a. Definitions
All terrain vehicle or ATV is defined as ``a three-or four-wheeled
motorized vehicle that travels on low pressure tires, has a seat
designed to be straddled by the operator (and a passenger if provision
is made for carrying a passenger), has handlebars for steering, and is
intended for off-road use on non-paved surfaces.'' The definition of
ATV states that for purposes of this part, an ATV is one that is
intended for an operator 16 years of age or older. The term
``manufacturer'' is defined to include an importer for purposes of the
ATV standards. Many of the definitions in the proposed standard are
derived from the ANSI/SVIA-1-2001 standard.
b. Equipment and Configuration Requirements
General. Section 1410.5 proposes requirements for various aspects
of the mechanical operation of adult single-rider ATVs. Many of these
requirements are substantially the same as requirements of the ANSI/
SVIA-1-2001 voluntary standard. However, the CPSA requires that
consumer product safety standards be stated as performance rather than
design standards. Thus, some requirements that were stated in the ANSI
standard in terms of design have been modified to establish performance
requirements.
The provisions of this section ensure that there will be uniformity
in the basic operation of ATVs from one make or model to another.
Proposed configuration requirements for vehicle controls, indicators,
and gearing ensure the standardized instrumentation and safety features
of current ATVs. It is important that the location and method of
operation of safety related controls, such as brake controls and engine
stop switch, be standardized to reduce operator confusion. The
specified requirements are consistent with current ATV practice which
is based on the National Highway Traffic Safety Administration
requirements for motorcycle control location and operation requirements
(49 CFR 571.123). [5]
Operator Foot Environment. Proposed performance requirements for
operator foot environment ensure adequate vehicle configuration that
reduces inadvertent contact between the
[[Page 45910]]
operator's feet and the ground or the ATV's rear wheels. Operator foot
contact with the ground or the ATV's rear wheels has been identified as
a hazard pattern among ATV-related injuries. Differing zones are
defined for ATVs equipped with footpegs (designed to support the
operator's foot with a relatively narrow bar), and footboards (designed
to support the operator's foot with a platform-type structure). [5]
Lighting. Proposed lighting requirements mandate headlamps, tail
lamps, and stop lamps on all adult ATVs. The lighting equipment must
conform to applicable referenced standards. This provision was adopted
from the ANSI/SVIA-1-2001 standard. Nighttime riding can be expected
with adult ATVs and requirements for industry standard headlamps will
ensure minimum illumination for night-time or safer operation of the
vehicle. [5 & 7]
VIN or PIN. The proposed standard requires that each ATV have
assigned a unique vehicle identification number (``VIN'') in accordance
with 49 CFR Part 565 or a product identification number (``PIN'') in
accordance with Recreation Off-Road Vehicle Product Identification
Numbering System, SAE International Consortium Standard, ICS-1000,
issued 2004-9. If the ATV has a VIN number, the characters in location
4 and 5 of the number must be ``A'' and ``T'', respectively to identify
the vehicle as an ATV and an off road vehicle. Having a VIN or PIN on
every ATV can be helpful if an ATV is the subject of a corrective
action. The VIN or PIN should also permit tracing the ATV back to its
retailer to determine compliance with applicable requirements.
Maximum speed capability and brake requirements. Procedures are
outlined for the measurement of a loaded vehicle's maximum speed. The
maximum speed is used to determine the brake test speed and conformance
to the youth ATV speed restriction requirements. [5]
The proposed standard establishes performance tests for service
brakes and parking brakes. Reliable brake performance is critical to
the safety of an ATV operator. The requirements specify a braking
deceleration of 5.88m/s\2\ (0.6g) or greater for service brakes and
brake holding power up to a 30 percent grade for parking brakes. [5]
These proposed requirements establish minimum brake performance to
ensure that brake systems are adequate for stopping the vehicle and
holding the vehicle on an incline. The specified requirements are
consistent with current ANSI/SVIA-1-2001 voluntary standard
requirements which are patterned after those in the Federal Motor
Vehicle Safety Standard No. 122 Motorcycle Brake Systems (49 CFR
571.122).
The proposed requirements deviate from the current ANSI/SVIA-1-2001
requirements in terms of the vehicle test weight used to perform
service brake tests. The current voluntary standard specifies the test
weight as the unloaded vehicle weight plus 91 kg (200 lb) if the
vehicle load capacity is specified as 91 kg (200 lb) or more. The
proposed requirements specify the test weight as the unloaded vehicle
weight plus the vehicle load capacity. This will ensure that larger
vehicles with larger load capacities do not have a less stringent brake
requirement (by using a comparatively lower test weight during brake
tests).
Stability requirements. The standard proposes the same pitch
stability requirements as the ANSI/SVIA-1-2001 voluntary standard. The
pitch stability for single-rider ATVs is based on the longitudinal tilt
angle of a vehicle without an operator. A vehicle's longitudinal tilt
angle can be calculated by measuring the vehicle's front and rear
weights and balancing angle (angle at which vehicle is balanced on its
rear wheels) or it can be measured on a tilt table. The ANSI/SVIA-1-
2001 voluntary standard requires calculation of a vehicle's
longitudinal pitch angle which must be 45 degrees or higher to meet the
pitch stability requirement. The proposed requirements adopt this test
procedure and minimum tilt angle for single-rider ATVs, and add a tilt
table option to address larger ATVs whose weights could make it unsafe
to follow the voluntary standard procedures for measuring and
calculating the pitch stability.
The proposed pitch stability requirements deviate from ANSI/SVIA-1-
2001 in terms of the test conditions of the vehicle. The current
voluntary standard specifies that the vehicle tires be inflated to the
ATV manufacturer's lowest recommended pressure. The proposed
requirements specify that the tires be inflated to the ATV
manufacturer's highest recommended pressure. This will ensure that the
vehicle configuration with the highest expected center of gravity will
be tested.
Over the years, the Commission has analyzed the issue of ATV
stability. Because ATVs are rider-active vehicles (that is, their
performance is affected by the rider's movements), it is difficult to
evaluate an ATV's actual stability. A satisfactory static test has been
developed to measure an ATV's pitch stability (movement from front to
back). At this point in time, the industry has not been able to develop
a satisfactory test of lateral stability (movement from side to side).
Thus, the ANSI/SVIA-1-2001 standard has a requirement for pitch
stability, but not for lateral stability. The Commission's proposed
standard likewise contains requirements only for pitch stability.
However, the Commission encourages the industry to continue to pursue
an accurate and reliable test for lateral stability.
c. Information/Point of Sale Requirements
The proposed standard mandates by rule many similar information/
point of sale requirements as were specified in the Consent Decrees and
subsequently continued in the LOUs. This subpart of the proposed
standard contains requirements for labeling, hangtags, age
acknowledgment forms, instructional/owner's manuals, a safety video,
and instructional training.
Warning labels. The Consent Decrees specified four labels to appear
on all ATVs: (1) a general warning label, (2) an age recommendation
label, (3) a passenger warning label, and (4) a tire pressure and
overloading warning label. Most ATVs include these or substantially
equivalent labels as well as other discretionary warning labels.
However, imported ATVs may not have all of these warning labels, the
labels may be unclear or they may not be in English.
The proposed rule requires labels that are similar to those
required by the Consent Decrees, but allows more flexibility. The
warning labels have evolved since the Consent Decrees, and the major
distributors currently use their own copyrighted labels that present
substantially the same warnings. In the case of the general warning
label and the passenger label, the distributors sought Commission
approval for new labels that included pictograms and somewhat different
wording than had been specified in the Consent Decrees.
Like the Consent Decrees, the proposed rule requires a general
warning label, an age recommendation warning label, a passenger warning
label and a tire pressure/overloading label (or labels). All of the
warning labels must display the safety alert symbol in accordance with
section 4.1 of ANSI Z535.4-2002, American National Standard for Product
Safety Signs and Labels, and the word ``WARNING'' in capital letters.
The format for all of the labels must be consistent with the ANSI
Z535.4-2002 standard. The proposed rule requires the same location for
the single-rider ATVs as was required by the Consent Decrees. The
proposed rule
[[Page 45911]]
requires the warning labels to be in English.
The proposed rule specifies statements for these warning labels and
requires that the warning labels provide these, or substantially
equivalent, statements. This should enable provision of the vital
safety information but allow some flexibility to manufacturers who are
using labels that are consistent with, but not identical to, the
Consent Decree labels.
General warning label. The proposed rule requires a general warning
label that contains the same statements, or substantially equivalent
ones, as the general warning label required by the Consent Decrees.
This label warns that ATVs can be hazardous to operate and that severe
injury or death can result if the operator does not follow instructions
to: Read the owners manual and all labels; never operate the ATV
without proper instruction; never carry a passenger; never operate the
ATV on paved surfaces or on public roads; always wear a helmet and
protective clothing; never consume alcohol or drugs before or while
operating ATVs; never operate the ATV at excessive speeds; and never
attempt wheelies, jumps or other stunts. The proposed rule states that
the warning statements may be arranged on the label to group the
prohibited actions together and the required actions together. This is
how many of the current general warning labels are arranged. The
location is to be the same as specified in the Consent Decrees.
Age recommendation warning labels. The content of the age
recommendation warning labels differs from the Consent Decree labels.
The Commission's Human Factors staff concluded that the Consent Decree
age labels for adult ATVs are vague about the nature of the hazard they
are warning against and may not be as persuasive as they could be. The
primary reasons for the age recommendations are children's lack of
experience and, particularly, their immature judgment. If the reasons
for the age recommendations are not explicitly described in the label,
parents may rationalize why their children are exceptions to the
recommendations. Thus, the proposed rule requires the following, or
substantially similar statement: ``Even youth with ATV experience have
immature judgment and should never drive an adult ATV.'' The proposed
age recommendation label also differs from the Consent Decree label by
directing the message to the supervising parents rather than to the
child, who is likely to ignore it. Thus, the proposed rule requires the
following, or substantially equivalent, statement: ``Letting children
under the age of 16 operate this ATV increases their risk of severe
injury or death. NEVER let children under age 16 operate this ATV.''
[10]
Passenger warning label. The proposed rule specifies different
wording for the passenger warning label than the Consent Decrees
required. The major distributors are currently using a passenger label
that differs from the Consent Decrees. As with the general warning
label, they asked for and received approval from the Commission for a
different passenger label. Both the current label and the Consent
Decree label identify that the hazard caused by a passenger is that the
ATV may go out of control, but the labels do not state how the presence
of a passenger can lead to loss of control. To address this, the
proposed standard requires the following, or substantially similar,
statement: ``Passengers can affect ATV balance and steering. The
resulting loss of control can cause SEVERE INJURY or DEATH.'' The
proposed standard also requires the statement (or a substantially
similar one): ``NEVER ride on this ATV as a passenger.'' The proposed
language inserts the phrase ``on this ATV'' because, with the
development of tandem ATVs, some ATVs are intended to carry passengers.
[10]
Tire pressure and overloading label(s). Like the Consent Decrees,
the proposed standard allows the option of having the tire pressure
warning and the overloading warning in separate warning labels or
combined into one label. The proposed content of the label(s) is the
same as specified in the Consent Decrees.
Label durability. The proposed rule requires that all of the
warning labels must meet the durability requirements of Underwriters
Laboratories Standard UL 969, fourth edition, October 3, 1995. This
should ensure that the labels will remain on the ATVs and legible for
operators to see.
Discretionary warning labels. The proposed standard allows
manufacturers to display additional warning labels on ATVs so long as
they are consistent with ANSI Z535.4-2002, American National Standard
for Product Safety Signs and Labels ANSI Z535.4 (2002) and are affixed
to the ATV in an appropriate location that does not detract from the
required warning labels. [10]
Hangtags. Like the Consent Decrees, the proposed standard requires
that certain hangtags be present on the ATV at the point of sale. The
hangtags must provide the contents of the general warning label, a
statement that the hangtag is not to be removed before sale, and a
statement directing the purchaser to check with the ATV dealer about
state or local laws concerning ATVs. The hangtags must be conspicuous
and must be at least 4 by 6 inches.
Age acknowledgement form. The proposed rule requires that before
the sales transaction, the ATV retailer must provide the purchaser with
an age acknowledgement form, the content of which is specified in the
proposed rule. The form tells the purchaser that the ATV he/she is
considering is for adults and that children have immature judgment and
should never drive an adult ATV. The form states the number of children
who have died and who have been injured on adult ATVS in each year
since 2001 and informs the purchaser that youth ATVs are available. The
retailer must require the purchaser to sign the acknowledgement form
before the sales transaction; must provide the purchaser and
manufacturer with a copy of the form; and must maintain the original
for at least five years. The signed forms must be available for
Commission inspection upon request.
The purpose of the age acknowledgment form is to ensure that
everyone who purchases an adult ATV is aware that it is not intended to
be ridden by anyone under 16 and that children can be severely injured
or die when riding an adult ATV. The Commission has received comments
from parents indicating that they were unaware of the hazard adult ATVs
pose for children until their child became injured or killed while
riding one. Even with the current warning labels on ATVs stating this
hazard and with the LOU provisions that voluntarily continue the major
distributors' agreement to follow the age guidelines of the Consent
Decrees, apparently some consumers purchase adult ATVs without knowing
that a child should not ride them. Requiring purchasers to sign a form
which states the age recommendations will inform the purchaser of the
risks to children riding adult ATVs and could influence them to
prohibit children under 16 from riding one. [8 & 11]
Instructional/owners manuals. Like the Consent Decrees, the
proposed rule requires that ATVs be provided with an instructional/
owners manual. The proposed rule continues many of the Consent Decrees'
requirements for the manuals. They must be written to convey
information about the safe operation and maintenance of the ATV, be
written plainly in language that is comprehensible to a 7th grader, and
be consistent with other required safety messages. The basic content of
the
[[Page 45912]]
manual is specified much as it was in the Consent Decrees. The proposed
rule adds a requirement that the manuals be in English.
An introductory safety section must contain certain specified
safety messages. This section concludes with CPSC's website and phone
number, and the manufacturer must provide a contact number for the
purchaser to obtain further ATV safety information. The manufacturer
also must provide a phone number or email address for the owner to
report any safety issues (this could be the same phone number). The
section of the manual that describes proper operating procedures must
include narrative text identifying potential hazards, possible
consequences, and describing how to avoid or reduce the risk of those
hazards. This text must also include relevant warning statements
required by the standard. The manufacturer must retain a copy of the
manual for each model for 5 years and make it available for CPSC
inspection upon request.
Safety Video. The proposed rule requires the retailer to provide
the purchaser with a safety video before the sales transaction is
completed. The requirements for the safety video are substantially the
same as those set out in the Consent Decrees. The video is to include
the contents of the hang tag, the concept of knowing one's limitations
when operating an ATV, the importance of gradually progressing from
basic to more complex maneuvers, and the importance of remaining alert
while operating the ATV. The video also must include ATV-related death
and injury statistics, both for all riders and for children under the
age of 16, which can be stated in rolling five-year averages. These
must be updated when there is a statistically significant change in the
statistics. The video must be made available to the purchaser in at
least one commonly used format, such as VHS or DVD. The manufacturer
must retain a copy of the video for 5 years and make it available for
CPSC inspection upon request.
The Commission believes that providing the safety video is an
extension of the safety messages specified in the warning labels and
the instructional/owners manual. The video provides safety information
through a readily accessible medium. It can impart more detailed safety
information than a warning label can. A purchaser might be more
inclined to watch a safety video shortly after purchasing an ATV than
he/she would be to read the entire owner's manual with all of its
safety information.
Instructional Training. The proposed rule requires ATV
manufacturers to provide to purchasers a training course (at no cost)
for the purchaser and each member of the purchaser's immediate family
who meets the minimum age recommendation for the ATV that is being
purchased. At the time of sale, the retailer must deliver to the
purchaser a certificate which is valid for attendance at a training
course that meets the requirements in the proposed rule. The retailer
also must have the purchaser sign a form indicating that ATVs are
complex vehicles to drive and that he/she is aware that free training
is available. The retailer must retain the original of the training
disclosure form and provide the purchaser and the manufacturer each
with a copy.
As discussed above, the Commission believes that training can play
an important role in reducing ATV-related deaths and injuries. The
curriculum specified in the proposed rule is similar to training that
is currently offered by SVIA. It includes instruction on the maneuvers
necessary for operation of the ATV and information about behaviors to
avoid in order to reduce the rider's risk of injury. The course must
include classroom, field and trail activities. The course content must
include information on ATV-related deaths and injuries; the role of
safety equipment; rider responsibilities and safety messages;
identifying displays and controls on the ATV itself; recognizing one's
limitations while driving; evaluating a variety of situations to
predict a proper course of action, including terrain obstacles and
behavior of other riders; demonstrating successful learning of riding
skills, including starting, stopping, and negotiating turns of all
types; stopping in a turn; emergency braking; negotiating full-track
and partial-track obstacles; driving up hills; and combining skills
together in a non-predictable manner. No course duration is specified,
but it must be sufficient to cover all of the topics outlined in the
proposed rule and to allow for students to individually master the
riding skills covered in the course and to allow for written and riding
skills tests.[12]
Although no specific time or location is stated, the course must be
provided within a reasonable time from the date of purchase of the ATV
and a reasonable distance from the place the ATV is purchased.
Recordkeeping, testing and certification. The proposed rule
requires manufacturers to provide near the VIN or PIN number a
statement certifying that the ATV meets the requirements of the
standard. The manufacturer must perform, or cause to be performed,
tests sufficient to demonstrate on an objectively reasonable basis that
each ATV produced by the manufacturer meets the mechanical operation
requirements of the proposed rule (sections 1410.5 through 1410.9).
(This requirement is not intended to mandate testing of every ATV of a
particular model.)
The proposed rule requires ATV manufacturers (including importers)
to keep records sufficient to show that each ATV the manufacturer
produces meets the requirements of the proposed standard. The records
must be in English and must be kept at a U.S. location for five years
after the manufacturer ceases production of that model. Retailers must
keep records of the age recommendations acknowledgment form and the
training acknowledgment form for five years after the purchase.
3. Requirements for Tandem ATVs
a. Background
Tandem ATVs are a relatively recent development. The Consent
Decrees did not contemplate ATVs designed for more than one rider. The
ANSI/SVIA-1-2001 standard does not cover tandem ATVs. However, in 2002
the International 2-Up ATV Manufacturers Association (I2AMA) began
working on a voluntary standard for tandems, which subsequently became
a draft ANSI voluntary standard, ANSI/I2AMA-1-XXXX, Draft American
National Standard for Four Wheel, Two Person, All-Terrain Vehicles
Equipment, Configuration, Performance, Safety Information and Training
Requirements. Recently, I2AMA agreed to suspend its development of a
tandem standard and will instead work with SVIA to include tandem ATVs
in the existing ANSI/SVIA standard. [5]
The Commission covers tandem ATVs in its proposed standard for
adult ATVs. Most of the requirements for single rider ATVs also apply
to tandems. A few provisions in the equipment and configuration
requirements and the information requirements are different in order to
make them appropriate for tandems. The certification, testing and
recordkeeping requirements specified above also apply to tandem ATVs.
b. Equipment and Configuration Requirements
Most of the proposed equipment and configuration requirements for
single rider ATVs also apply to tandem ATVs. The proposed standard for
tandems states requirements for the passenger environment, and modifies
the single
[[Page 45913]]
rider requirements for the operator and passenger foot environment to
suit tandem ATVs. The proposed tandem standard also adds requirements
for passenger handholds. Two headlights and two tail lights are
required for tandem ATVs that are wider than 1500 mm. These proposed
requirements are based on the draft voluntary standard for tandem ATVs
and additional information provided by letter from the SVIA of May 19,
2006. [5]
The proposed pitch stability requirements are different for tandem
ATVs than for single rider ATVs. The pitch stability for single rider
ATVs is based on the longitudinal tilt angle of a vehicle without an
operator. However, the pitch stability for tandem ATVs is based on the
tilt angle of a vehicle with an operator and passenger (simulated
loads). The proposed requirements for tandem ATVs adopt the tilt table
method and minimum tilt angle specified in the ANSI draft standard for
tandem ATVs. A tandem ATV with simulated operator and passenger weights
must reach a minimum of 36 degrees in the longitudinal direction on a
tilt table before lift-off of both uppermost tires occur. Lift-off of a
tire occurs when a strip of 20-gauge steel can be pulled from
underneath the tire with a force of 9 N (2 lbf) or less. [5]
c. Information Requirements
Most of the information requirements discussed above for single
rider ATVs also apply to tandem ATVs. However, there are a few
differences. The general warning label proposed for tandem ATVs omits
the warning about carrying a passenger. The passenger warning label is
completely different from the passenger warning label of single rider
ATVs. It states ``Never carry more than 1 passenger,'' and states the
following recommended hazard avoidance behaviors: ``Never carry a
passenger too small to firmly plant his/her feet on the footrests and
to securely grab the handles; never allow a passenger to sit in a
location other than the passenger seat; and never carry a passenger who
is not securely grasping the grip handles at all times.'' [10]
The location required for the passenger warning label for tandem
ATVs is also different from the location required for the single rider
ATV. Because the general warning label required by the proposed
standard no longer has any warnings about passengers, the passenger
warning label should have greater visibility. Therefore, the proposed
rule requires it to be affixed to the front fender of the tandem
adjacent to the general warning label, so that it can be easily read by
the operator when seated on the ATV in the proper operating position.
[10]
The hangtag must provide the contents of the general warning label
required for tandems rather than the one required for single rider
ATVs. The instructional/owners manual also must have a different
statement about passengers. It must state the following (or
substantially equivalent): ``NEVER CARRY MORE THAN ONE PASSENGER. This
ATV has been designed specifically to carry one passenger.'' [10]
4. Requirements for Youth ATVs
a. General
As discussed in section E above, the Commission is proposing three
categories of youth ATVs based on maximum speed. Many of the proposed
requirements for youth ATVs are similar to those for adult ATVs and the
ANSI/SVIA-1-2001 voluntary standard. Because the FHSA, which provides
authority for the proposed youth standard, allows design standards,
some of the provisions of the proposed youth standard are phrased more
closely to the ANSI/SVIA-1-2001 standard than the comparable adult
standard provisions.
A youth ATV is defined as an ATV that is intended for use by an
operator less than 16 years of age. A Junior ATV is a youth ATV
intended for use by an operator at least 6 years old. A Pre-teen ATV is
a youth ATV intended for use by an operator at least 9 years old. And a
Teen ATV is a youth ATV intended for use by an operator at least 12
years old.
b. Equipment and Configuration Requirements
With the exception of lighting, maximum speed capability, and the
requirement for automatic transmission, the proposed equipment and
configuration requirements for youth ATVs are essentially the same as
those for adult single rider ATVs, which are expressed as performance
requirements.
Lighting. The proposed youth standard requires all youth ATVs to
have at least one stop lamp, and it prohibits any headlamp or forward-
facing day-time running lights. The ANSI/SVIA-1-2001 standard prohibits
both headlamps and tail lamps and is silent about running lights. [7]
The Commission believes that youth ATVs should have stop lamps to
alert a follower to the deceleration of a lead vehicle. The Commission
believes it is also appropriate to allow (but not require) tail lamps
for youth ATVs. Both of these types of lights could increase the
ability of other ATVs to see a youth ATV, but they would not improve
the ability of the youth ATV rider to operate the ATV at night. It is
the concern that children may be encouraged to ride ATVs at night that
is the basis for the proposed rule's prohibition of headlamps and
forward-facing daytime running lights. Although the purpose of daytime
running lights is to make the vehicle more conspicuous to other drivers
rather than to illuminate the driver's path, the Commission is
concerned that parents and children may have difficulty distinguishing
between a daytime running light and a headlamp. This may encourage a
child to ride at night. Thus, the proposed standard for youth ATVs
allows daytime running lights only if they are not forward facing. This
should increase the conspicuity of the ATV without providing forward
illumination that could encourage night riding. [7]
Maximum speed capability. As discussed above, the proposed rule
establishes maximum speeds for three categories of youth ATVs. Junior
ATVs, which are intended for children age 6 and older, must have a
maximum speed capability of 10 mph. Pre-teen ATVs, which are intended
for children age 9 and older, must have a maximum speed capability of
15 mph. And Teen ATVs, intended for children age 12 and older, must
have a maximum speed of 30 mph. In addition to placing limits on the
maximum speed capability of the ATV, the proposed youth standard also
requires speed limiting devices for Pre-teen and Teen ATVs. The maximum
speed allowed for a Pre-teen ATV with a speed limiting device is 10 mph
and the maximum restricted speed allowed for a Teen ATV is 15 mph. The
youth ATVs requiring speed limiting devices must be delivered to the
purchaser with the speed limiting device adjusted to limit the maximum
speed to the lowest setting specified for each category of youth ATV.
The proposed rule requires the simultaneous use of two different tools
for the speed limiting devices to be adjusted or removed. This
requirement is to make the devices more difficult to remove and thus
discourage children from removing them without the participation of an
adult. [5&6]
Although the proposed rule creates three categories of youth ATVs
instead of the current two categories, the proposal retains the current
maximum unrestricted speed of 30 mph for youth ATVs. The combination of
defining youth ATVs only by their maximum speed capability (rather than
engine size) while retaining the maximum speed currently in place
should allow manufacturers to develop ATVs with larger frames and
somewhat more powerful engines while still
[[Page 45914]]
maintaining the safety of the current speed limitations. Consequently,
provided a manufacturer is committed to the speed limitations of this
proposed youth ATV standard, the Commission would not oppose a
modification to a LOU to delete the engine size limitation.
Automatic transmission. As discussed above, the proposed rule
requires that all youth ATVs have automatic transmissions. The
operation of an ATV is complex for a child even without the added
activity of changing gears.
c. Information Requirements
The requirements for labels, hangtags, instructional/owners
manuals, safety video, and training in the proposed youth ATV standard
are essentially the same as those in the proposed adult standard.
However, there are some differences in wording where appropriate.
Labels. As with the warning labels for adult ATVs, the format for
all required warning labels for youth ATVs must be consistent with the
ANSI Z535.4-2002 standard. The required location for all of the youth
warning labels is the same as required for adult single rider ATVs. The
contents of the general warning label, the passenger warning label, and
the tire pressure and overloading label(s) are the same as required for
adult single rider ATVs. The contents of the age recommendation labels
differ slightly for each category of youth ATV. The age recommendation
label for the Junior ATV must display the safety alert symbol and the
word ``WARNING'' in capital letters. It must also contain a circle with
a slash through it and within the circle the words ``UNDER 6.'' The
proposed rule requires that below the circle must be the following, or
substantially equivalent, statements: ``Operation of this ATV by
children under the age of 6 increases the risk of severe injury or
death. Adult supervision required for children under 16. Never let
children under 6 operate this ATV.'' The age recommendation labels for
the Pre-teen and Teen ATVS are similar, but the ages 9 and 12,
respectively, are inserted instead of the age 6. [10]
Hangtags. The proposed rule requirements for hangtags are similar
to those in the proposed adult single rider standard. However, in
addition to the statements required there, the youth ATV hangtag must
also state: ``Even though a child is of the recommended age to operate
a particular size ATV, not all children have the strength, skills, or
judgment needed to operate an ATV safely, and parents should,
therefore, supervise their child's operation of the ATV at all times.''
[10]
Age acknowledgment. The proposed youth ATV standard also requires
the retailer to get the purchaser's signature on an age acknowledgment
form before the sales transaction. However, the required acknowledgment
form is different from the adult standard. The form states the age
categories and corresponding speed range. It advises the purchaser to
buy an ATV that fits his/her child or teen, to use the speed limiter
while the child is developing skills on the ATV, and to always
supervise his/her child or teen. [6]
Instructional/owners manuals. The proposed youth standard's
requirements for owners manuals are essentially the same as the
requirements for adult single rider ATVs. However, statements
concerning children's use of ATVs have been modified or added. The
manual must contain an introductory notice to parents emphasizing that
ATVs are not toys and that it is important for children to understand
the manual's instructions and warnings. The introductory section must
contain the following statement: ``Children differ in skills, physical
abilities, and judgment. Some children may not be able to operate an
ATV safely. Parents should supervise their children's use of the ATV at
all times.'' [10]
Safety video and training. Requirements concerning the safety video
and training are the same in the proposed youth standard as in the
proposed adult ATV standard.
5. Ban of Three-Wheeled ATVs
The Consent Decrees prohibited the ATV distributors who signed the
Consent Decrees from distributing or selling three-wheeled ATVs. In the
LOUs, the major distributors agreed to continue to refrain from selling
three-wheeled ATVs. None of them currently sell them (although three-
wheeled ATVs that pre-date the Consent Decrees are still in use and
could continue to be used if a ban is finally adopted). However, newer
entrants to the ATV market have not made such agreements with the
Commission.
The Commission's Office of Compliance has found that three-wheeled
vehicles are being advertised and marketed as ATVs for sale in the
United States. Compliance staff has identified three importers who have
sold a recreational vehicle that is essentially a cross between a
traditional ATV and a dirt bike, and would meet the proposed rule's
definition of an ATV. All three importers use the Internet as the
retail location for this product. They refer to it as a three-wheeled
ATV. The price ranges from $350.00 to $380.00, plus shipping. All three
importers are selling this product with a 49cc engine displacement.
[14]
In addition, two styles of an all terrain three-wheeled golf
scooter are being sold on the Internet and at golf supply stores. Both
of these styles would meet the proposed rule's definition of an ATV.
The presence of these three-wheeled vehicles on the market
indicates that the current LOU provisions, which continue the stop sale
provision in the Consent Decrees, are not sufficient to keep new three-
wheeled ATVs from entering the market. As discussed earlier, the newer
entrant importers have been increasing their proportion of the market
for ATVs sold in the U.S. This could mean increasing availability of
these types of three-wheeled ATVs. [4]
Analysis of Commission data indicates that the risk of injury
associated with three-wheeled ATVs is substantially higher than with
four-wheeled ATVs. A recent risk analysis, based on injuries reported
through the CPSC's National Electronic Injury Surveillance System
(``NEISS'') and a parallel survey of the general population of ATV
drivers, found that the risk of a hospital emergency department treated
injury on a three-wheeled ATV was about 3.1 (95% confidence interval,
1.5 times to 6.4 times) times the risk on a similar four-wheeled ATV.
As explained in the Preliminary Regulatory Analysis, the staff
estimates the expected difference in non-fatal injury costs between
three- and four-wheeled ATVs to be about $3,045 per ATV annually. This
means that over the expected 9 year life of an ATV, the present value
of the injury cost difference would be about $23,700. Even a lower
bound estimate for the injury cost differential comes to a difference
of $6,839 over the life of the product. The injury cost difference
would be offset somewhat by the lower retail costs of a three-wheeled
ATV compared to a four-wheeled ATV. Accounting for this, the total
costs associated with three-wheeled ATVs (including both the injury
costs and the costs of purchasing the ATV) might amount to about
$23,400 ($23,700 in injury costs less $300 in retail costs) more than
the costs of a similar four-wheeled ATV (over its useful product life).
At the lower bound level, the difference would amount to about $6,530.
[8]
Although the Commission cannot quantitatively estimate the utility
of a three-wheeled ATV, available evidence suggests that the utility
differential between a three-wheeled ATV and a four-wheeled ATV, for
most people, is minimal. In the 1980s, before the Consent Decrees,
four-wheeled ATVs
[[Page 45915]]
were steadily increasing their market share, so that by 1986, 80% of
ATVs sold were four-wheeled models. Moreover, after the manufacturers
agreed to stop selling three-wheeled ATVs pursuant to the Consent
Decrees, the market price of used three-wheeled ATVs declined relative
to four-wheeled models. This indicates that most consumers did not
value three-wheeled ATVs significantly more than four-wheeled ATVs. [8]
At this point, it seems unlikely that any feasible standard could
be developed for three-wheeled ATVs. As the Engineering staff notes,
three-wheeled ATVs are less stable than four-wheeled ATVs and require
far more active rider input to steer properly. Although many technical
factors make a four-wheeled ATV more dynamically stable than a three-
wheeled ATV, one of the largest factors is the fourth wheel. Given the
inherent difference in vehicle configuration, the Commission does not
believe that it is feasible to develop a performance standard for
three-wheeled ATVs that would improve their stability performance to
the level of a four-wheeled ATV. [5]
H. Response to Comments on the ANPR
As discussed above, the Commission published an ANPR in the Federal
Register on October 14, 2005, 70 FR 60031. The Commission received 165
comments; one of those comments was a form letter, copies of which were
submitted by about 1,500 consumers. Among those who sent comments to
the Commission were ATV Safety Institute instructors; a state senator;
ATV riders; parents and relatives of riders; parents, relatives, and
friends of fatality and injury victims; consumers; medical
professionals; consumer organizations; ATV industry associations;
employees of the ATV industry; the Centers for Disease Control and
Prevention; and students at a U.S. university.
The issues that were raised most frequently concerned the
importance of training and safety education; state and local laws and
enforcement; the use of protective gear; age/size guidelines, the
proper fit of a child on an ATV and a transitional vehicle; the need to
provide ATV purchasers with ATV-related death and injury statistics;
ATV design; and parental rights and responsibilities. Other comments
provided ATV-related injury and fatality statistics for specific
states, regions, and hospitals. Some comments stated a position on the
petition that was submitted in 2002 by the CFA and eight other groups.
Another issue raised in a handful of comments was the non-recreational
use of ATVs and the marketing of ATVs for that purpose.
Each of these issues, with the Commission's response, is summarized
below. Many of the issues raised in the comments are discussed in more
detail in the staff's input memoranda listed at the end of this notice.
Training
Comment. Many comments expressed the importance of training for
safe ATV driving. Some comments spoke about training in general being
important, while a few others suggested that training should be
mandated, that training should be required before purchase of an ATV,
or that training should be free of charge to all ATV riders.
Response. CPSC agrees that formal hands-on training teaches drivers
how the ATV responds in situations that are typically encountered. CPSC
believes that ATV training is important because, as mentioned in the
memo ``ATV Training'' from the Division of Human Factors, operating an
ATV seems deceptively easy; steering controls are similar to a
bicycle's, and the throttle is generally lever-operated with the thumb.
ATVs, however, are high-speed motorized vehicles that require repeated
practice to drive proficiently. In addition, riding an ATV is ``rider-
active,'' that is, the rider must actively shift his or her body to
maintain proper control of the vehicle. It takes repeated practice to
become a proficient driver. Formal training may act as a surrogate for
experience because it exposes new ATV drivers to situations they will
encounter while riding off-road and teaches them the proper driving
behavior to navigate those situations.
As discussed above, to address the issue of training, CPSC is
proposing that retailers of ATVs provide to every purchaser of an ATV a
training certificate that would offer free hands-on training to members
of the purchaser's immediate family. The course would include
classroom, field, and trail activities, and a means for the student to
demonstrate skills.
State and Local Laws and Enforcement
Comment. Many comments reflected on the role of states and
localities in addressing the risks associated with ATVs. Some
commenters expressed the need to enact state legislation, while others
expressed the need for the states to clarify and enforce the laws that
already are in place. Some commenters called for ATV licensing, just as
automobile drivers have driver's licenses. Others suggested fines for
riding on public roads, as well as sales taxes or city taxes on ATVs.
Some commenters felt that more laws are not the answer because they
still will not cause irresponsible drivers to drive safely. One
commenter suggested that state laws should set minimum age limits for
ATV riders and require licensing, registration, training, safety
equipment, and prohibit passengers, while another commenter suggested
that Congressional action should be taken to provide financial
incentives for states to adopt safer ATV laws. Other commenters asked
that CPSC join the ATV companies and other interested parties in
actively supporting enactment of comprehensive ATV safety legislation
in states where it is under consideration. A state senator from
Minnesota expressed opposition to any federal regulation that ``removes
the state as the primary regulatory mechanism'' for ATVs. Other
commenters wrote about having graduated licensing of ATV drivers as
some states have for automobiles.
Response. CPSC believes that states and localities have a critical
role to play in any strategy to address the risk of injury and death
associated with ATVs. Legislative activity, or interest in such
activity, has been on the increase in the states. As noted in the
staff's briefing memorandum, the staff suggests that the Commission
establish an online state data resource bank for use by those who might
want to pursue legislation or other ATV safety-related actions.
Helmets and the Use of Protective Gear
Comment. Some commenters noted that the use of helmets and
protective gear is important in reducing deaths and injuries. One
commenter cited CPSC staff research that suggests that between 42 and
64 percent of fatalities and hospitalized injuries involving the head
``could have been averted by helmet use in cases where a helmet was not
being worn.'' Others mentioned that ATV riders and parents of riders
need to know the importance of helmet use, while another commenter
suggested that the helmet should be ``required to be thrown in as part
of the package.''
Response. CPSC has always emphasized the importance of using
helmets and other protective safety gear. As noted in the briefing
package, CPSC staff encourages retailers to co-merchandise ATV safety
gear, particularly helmets, alongside ATVs. The importance of wearing
helmets and safety gear is one of the messages in the proposed rule;
the message would be required on the general warning label and in the
owner's manual. Wearing suitable equipment also is included as
[[Page 45916]]
an element in the required training course.
Age/Size Guidelines, Proper Fit, and Transitional Vehicle
Comment. Many commenters addressed the current age/size guidelines
and the importance of finding a ``right fit'' for a child who rides an
ATV; they also supported or opposed a transitional vehicle. Commenters
noted the difficulty of children being able to get training when they
were on an adult ATV; others said that the current CPSC guidelines
matching engine size to age are too narrow in focus. One commenter
suggested focusing less on the age of the rider and more on size,
weight, and experience. Another commenter pointed out that the market
now has some mid-sized ATVs and that they are safer for a child to ride
than the smaller 90cc ATVs, while another suggested that children ages
12 to 15 years old should be able to ride up to a 250cc 4-stroke ATV.
Other commenters pointed out that the age restriction actually leads to
a safety problem because riding an undersized ATV is as much a safety
concern as riding an oversized ATV. A few commenters mentioned that
being able to adjust the throttle limits was a particularly useful
feature as children grow physically and learn to ride.
With respect to a transitional vehicle, many commenters expressed
opposition and stated that any proposal to put a child on an ATV larger
than 90cc should be rejected, that this would be a step backward, and
it would put children at an even greater risk of death and injury.
Commenters who were in opposition to a transitional vehicle seemed to
equate a transitional vehicle as one that was heavier, larger and
faster.
Response. As discussed in section E of this notice and in the
briefing memo, CPSC believes that speed, not engine size, is a more
appropriate criterion for determining which ATVs should be recommended
for children and youth under the age of 16. The proposed rule
eliminates engine size as a category marker for distinguishing youth
ATVs. In addition, all youth model ATVs will be required to have an
automatic transmission, so that children can focus on mastering driving
skills before learning to coordinate gear shifting with the many other
skills involved in operating an ATV.
CPSC believes that limiting maximum speed is the most critical
safety factor for youth ATV models. By eliminating the engine size
restriction, manufacturers will be able to produce a variety of ATV
models that meet speed restrictions but are more appropriately sized to
account for the wide variation in physical dimensions of young people.
By having the option of riding better-fitting ATVs that are not
performance limited by undersized engines, CPSC believes that more
youth will ride age-appropriate and speed-restricted ATVs rather than
gravitating toward adult ATV models.
Disclosure of Death and Injury Data
Comment. Several comments expressed the belief that information
about the risk of injury and death associated with riding ATVs,
especially with regard to children riding adult ATVs, has not been
available to prospective purchasers and that such information should be
provided at the point of sale. One of these comments includes the 1,500
individuals who submitted the letters that are entered as comment 57.
Response. The proposed rule would require that ATV dealers provide
purchasers of adult ATVs with a written statement that (1) clearly
states that adult ATVs are not intended for use by children under the
age of 16, and (2) gives consumers specific information about the
possible injury consequences of allowing children to ride adult ATVs.
The disclosure statement would be provided to purchasers prior to
completion of the sale. Consumers would be required to sign the
statement to acknowledge that they had been informed about the CPSC age
guidelines for youth models and the risks associated with children
riding adult ATVs. Similar disclosure forms would be provided to
purchasers of youth ATVs; those forms would indicate the age of the
child for which the youth model was designed.
ATV Design
Comment. Comments on ATV design ranged from the belief that deaths
and injuries are operator error and not the result of the machine's
design to some specific suggested design changes. One commenter said
that manufacturers should not be required to significantly modify their
designs for the sake of adding safety equipment, while a few others
stated that ATVs should have a roll bar and safety belt. Other
suggested design changes included: tags (license plates) on machines so
they can be identified; make the ATVs two inches wider; provide a seat
actuator which would turn the engine off if a passenger was on a
single-person ATV; provide daytime running lights and headlights on
ATVs. One commenter suggested that CPSC should determine the
appropriate testing that needs to be done in order to assess dynamic
stability, rollover propensity, and braking, suspension, and handling
systems.
Response. CPSC staff notes in Tab G of the briefing package from
the Directorate for Engineering Sciences that there are technical
issues that would benefit from further testing and study. This work,
however, will require time and the coordinated application of CPSC and
private sector resources. CPSC believes that the most effective way to
carry this out is through close, ongoing interaction with voluntary
standards committees that are addressing ATVs in that regard.
With respect to lighting equipment, the proposed rule for adult
ATVs would require at least one headlamp projecting a white light to
the front of the ATV, at least one tail lamp projecting a red light to
the rear and at least one stop lamp or combination tail/stop lamp.
Daytime running lights would be allowed on adult ATVs.
All youth ATVs would be required to have at least one stop light.
As discussed in section G.4.b above and in the briefing package, CPSC
believes that riding ATVs at night is a significant risk factor for
children and should be discouraged. Because headlamps or any forward-
facing light on youth ATVs may encourage nighttime and unsupervised
riding in challenging conditions, CPSC believes that these lights
should not be allowed. Under the proposed rule, forward-facing daytime
running lights for conspicuity would be prohibited on a youth ATV; but
daytime running lights would be allowed on other parts of youth ATVs. A
brake light would be required on youth ATVs.
Parental Rights and Responsibilities
Comment. Many comments focused on parental rights and
responsibilities. For the most part, these comments expressed the
belief that parents have the right and the responsibility to make
decisions for their children and are the best judges of their
children's abilities and skill levels. Other comments stated that some
parents have neglected supervising their children and that the rights
of many should not be taken away because of the actions of a few.
Response. CPSC agrees that parents must play a critical role in
supervising their children's use of ATVs. This includes decisions about
the size of ATV their child /children should use and their child's
riding behavior. As mentioned above, the proposed rule requires that
information be provided to help parents in their decision-making. The
mandatory labels for youth ATVs provide a notice to parents that
children
[[Page 45917]]
should ride only age-appropriate ATVs, while the hangtags and the
owner's manual are required to include messages about the importance of
supervision.
Injury and Fatality Statistics
Comment. Some comments included death and/or injury statistics for
specific regions of the country, specific hospital emergency rooms, and
specific states; some of the information was contained in articles that
had been published in professional journals. A few commenters talked
about the comparative risk of ATV riding and the risk associated with
other activities. One commenter stated that overall ATV injury risk, as
measured per vehicle in use (for all ages or for children) has been
stable since the expiration of the Consent Decrees in 1998 and that
ATV-related fatality risk (for all ages or for children) has declined
or remained stable since 1999.
Response. With respect to the comment that overall ATV injury risk
has been stable since the expiration of the Consent Decrees, the
Directorate for Epidemiology notes that the 2004 Annual Report of ATV
Deaths and Injuries compared the 2004 injury risk to the 2001 injury
risk and concluded that there was no statistically significant trend in
injury risk, positive or negative, from 2001 to 2004. However, the
report noted that the statistical testing of differences in injury risk
prior to 2001 is not possible due to the unavailability of measures of
variation for risk estimates during those years.
With respect to fatality risk, CPSC staff notes that, because data
collection was incomplete for the years 2002-2004 at the time of the
most recent report, no conclusions could be made about fatality risk
for those years. The commenter's assertion that fatality risk has
declined or remained stable does not appear to be the result of a
statistical test, since no measures of variation are provided in the
commenter's report. CPSC staff has not performed statistical testing on
risk of death for similar reasons.
As noted in section D of this notice and in the briefing memo,
there were an estimated 136,100 emergency room-treated injuries for all
ages in 2004. This was an increase of 10,600 from 2003. In 2003, there
were an estimated 740 deaths associated with ATVs. Twenty-six percent
of the reported deaths in 2001 were of children under 16 years old.
Ban the Sale of Adult-Size ATVs for the Use of Children Under 16 Years
Old
Comment. Several comments were submitted that specifically
expressed a position on the CFA petition to ban the sale of adult sized
vehicles for use by children under 16 years old. This included the
1,500 form letters submitted as comment 57, which expressed the opinion
(without mentioning the petition) that the sale or rental of adult-
sized ATVs to anyone under 16 should be prohibited. A few letters
expressed opposition to the petition.
Response. The petition to ban the sale of adult ATVs for the use of
children under 16 years old was the focus of the staff's 2005 briefing
package. The staff comments on the petition are contained in that
document.
Non-Recreational Use of ATVs, ATV Marketing
Comment. A few commenters mentioned the non-recreational aspect of
ATVs, the perceived need to limit their marketing to farm or utility
use alone, and that the advertised recreational use of ATVs is not a
practical or safe form of activity. Some of these commenters expressed
concern about the injuries and deaths associated with the use of ATVs
in farm or utility work.
Response. CPSC believes the issue of how ATVs are marketed as
recreational or utility vehicles is better addressed by the Federal
Trade Commission.
I. Preliminary Regulatory Analysis
The Commission is issuing a proposed rule under sections 7, 8 and 9
of the CPSA and section 2(q)(1)(A) of the FHSA. Both the CPSA and FHSA
require that the Commission prepare a preliminary regulatory analysis
for these proposed rules and that it be published with the final rule.
15 U.S.C. 2058(c) and id. 1262(h). The following discussion is
extracted from the staff's memo, ``All Terrain Vehicle Mandatory
Standard: Preliminary Regulatory Analysis.''
1. Introduction
The main provisions of the ATV proposed rules include (1)
Mechanical requirements for ATVs,(2) a ban on the sale of new three-
wheel ATVs, (3) speed limitations on ATVs intended for children under
16 years of age, (4) requirements for warnings and recommendations to
be provided to purchasers of new ATVs through hang tags, labels,
videos, and owner's manuals, (5) requirements for a disclosure
statement to be provided to purchasers warning against the use of adult
ATVs by children, (6) a requirement that all purchasers of new ATVs be
offered free safety training, and (7) requirements that purchasers of
new ATVs be provided with a means for reporting safety related
complaints to the manufacturer and the CPSC.
Many of the provisions of the proposed rules are based on an
existing voluntary standard (ANSI-SVIA-1-2001), provisions of the 1988
Consent Decrees, and the current LOUs with a number of manufacturers
that may account for as much as 90 percent of the U.S. market for ATVs.
Consequently, the Commission believes that most ATVs are already in
substantial conformance with most of the provisions of the proposed
rule. Some of the smaller manufacturers, and some of the recent
entrants into the market may also be in conformance with some (or most)
of the provisions of the proposed rule. Promulgating a mandatory rule
will ensure that manufacturers that are already conforming continue to
do so, and that any manufacturer that does not now conform can be
brought into conformance.
Below is a preliminary regulatory analysis of the proposed rule,
including a description of the potential costs and potential benefits.
Each element of the proposed rule is discussed separately. For some
elements, the benefits and costs cannot be quantified in monetary
terms. Where this is the case, the potential costs and benefits are
described and discussed conceptually.
2. Products Covered
An ATV is a motorized vehicle with 3 or 4 low-pressure tires (less
than 10 pounds per square inch) that is intended for off-road use. The
seat is designed to be straddled by the operator. Handlebars are used
for steering control. Most ATVs are intended to carry only one person:
the operator. More recently, some tandem ATVs have been introduced that
are designed to carry a passenger in addition to the operator. ATVs can
be used for purposes of recreation, sport or utility.
If promulgated in final, the proposed rule will apply to all ATVs
sold in the United States on or after the effective date of the rule
(180 days after publication of a final rule). It will not apply to ATVs
that were sold prior to the effective date.
3. ATV Manufacturers, Numbers in Use, and Sales
The ATV market has grown substantially since Honda introduced the
first ATV in 1969. The Specialty Vehicle Institute of America (SVIA)
estimated that in 2005, there were 6.9
[[Page 45918]]
million ATVs in use. While most ATVs are used for recreational
activities, ATVs can also be used for non-recreational activities, such
as farm or ranch work or for transportation to remote work sites that
are not accessible on paved roads.
The number of new ATVs sold annually has increased substantially in
the last decade. In 1995, an estimated 293,000 ATVs were sold in the
US, almost all by 7 North American distributors (Honda, Kawasaki,
Yamaha, Suzuki, Polaris, Bombardier, and Arctic Cat). In 2005, an
estimated 921,000 ATVs were sold in the US. An estimated 10 percent (or
92,000) were imported. The share of imports is expected to continue to
increase in the future.
With the substantial increase in ATV sales has come a substantial
increase in the number of manufacturers supplying ATVs to the U.S.
market. In 1995, virtually all the ATVs were supplied by 7 domestic
distributors; by 2006, the staff had identified at least 87 firms
supplying ATVs to the U.S. market.
Generally, the largest manufacturers sell their ATVs through
franchised dealers. Importers will typically import ATVs from a foreign
manufacturer and then market them to various retailers. Some importers
may sell directly to consumers. Some imported ATVs are sold directly to
consumers through import brokers who never actually have physical
possession of the ATV. ATVs are also offered for sale through the
internet.
Most ATV retailers sell products in addition to ATVs. For example,
many ATV dealers also sell motorcycles, scooters, personal water craft,
and sometimes farm equipment. Some ATVs are sold by other types of
retailers, such as aftermarket automotive parts and accessories
dealers.
The median retail price of an ATV from the domestic manufacturers
is about $5,150 (range $2,000 to $8,000). The median price for youth
ATVs is about $2,300 (range $1,800 to $2,500). The retail prices of
imports can be substantially lower.
4. Benefits and Costs of the Proposed Rule
Mechanical Requirements. The proposed rule incorporates a number of
mechanical requirements from the current voluntary standard for ATVs
(ANSI/SVIA-1-2001). The specific requirements and rationales are
described and discussed in more detail above. They include, among other
things, requirements for service and parking brakes, mechanical
suspension, pitch stability, handlebars, and the operator foot
environment. There are also some additional design requirements for
youth models covering items such as the location of brake and throttle
controls.
The proposed rule differs from ANSI/SVIA-1-2001 with regard to some
lighting requirements. The proposed standard would require stop lamps
on all ATVs, including youth models (i.e., those intended for children
under the age of 16). ANSI/SVIA-1-2001 allows, but does not require
stop lamps on adult and youth ATVs. Stop lamps can reduce the risk of a
collision by visibly signaling to a following ATV that an ATV ahead of
it is decelerating. CPSC believes that while most adult ATVs are
already equipped with stop lamps, most youth ATVs do not currently have
stop lamps.
The proposed rule would require that youth ATVs be equipped with
automatic transmissions so that the operator does not have to either
engage a clutch or select the proper gear in order for the engine to
maintain its optimum speed. This is a change from the voluntary
standard, which does not specify the type of transmission on youth
ATVs.
Each provision of the mechanical requirements should reduce injury
risks associated with ATVs. For example, the pitch stability
requirement is intended to reduce the propensity of ATVs to tip
rearward, which could injure the rider if he or she was thrown from the
vehicle or the vehicle flipped and landed on the rider. The service and
parking brake performance requirements are intended to ensure that
brakes are at least adequate for stopping the vehicle and preventing
the vehicle from rolling when it is left unattended. The requirement
for automatic transmissions on youth ATVs could reduce injury risk by
reducing the number of tasks that inexperienced drivers must perform
while driving an ATV.
Mandating these mechanical requirements would help ensure
compliance with these minimum mechanical safety requirements and
enhance the CPSC's ability to enforce the mechanical safety
requirements at a time when many new manufacturers are entering the
market. Conformance to ANSI/SVIA-1-2001 is voluntary.
Mandating these mechanical requirements would have a small initial
impact on injury risk. The ATV manufacturers that have negotiated LOUs
with the CPSC are already in conformance with the requirements of the
voluntary mechanical standard, from which the requirements in the
proposed rule were adapted. Some of the smaller manufacturers are also
believed to be in conformance with the voluntary standard. In total,
the firms that are already in substantial conformance probably account
for more than 90 percent of ATVs now sold. However, mandating these
requirements would ensure that those firms that do not now meet these
minimum safety requirements will begin to do so. Moreover, as new firms
enter the market, the presence of a mandatory standard that can be more
easily enforced would make it more likely that new entrants comply with
the mechanical safety requirements. Mandating these requirements should
also help ensure that the risk of ATV-related injury due to ATVs that
do not meet the mechanical safety standards does not increase in the
future.
Since many manufacturers already conform with the voluntary
standard, the additional cost that will be incurred by manufacturers to
meet the mechanical requirements of the proposal will be low. The cost
to some may be limited to the cost of adding stop lamps to their youth
ATVs. The cost of adding stop lamps to ATVs could amount to several
dollars or more, especially on youth ATVs. Most adult ATVs are thought
to already have stop lamps.
Additionally, some manufacturers will have to modify the
transmissions on some youth ATV models so that they are fully
automatic. Based on staff observations, most current youth ATV models
are already equipped with automatic transmissions, especially those
intended for children under the age of 12 years. The staff has
identified some ATVs intended for children between 12 and 15 years of
age that are equipped with automatic clutches, but not automatic
transmissions. These ATVs would not meet the requirements of the
proposed rule.
The fact that many youth ATVs are already equipped with automatic
transmissions indicates that many consumers are willing to pay the
additional cost of automatic transmissions for the additional safety,
convenience, or driving ease that is provided by automatic
transmissions. However, the Commission has not been able to quantify
the difference in cost between automatic transmissions and manual
transmissions or between automatic transmissions and automatic
clutches/manual transmissions.
The mechanical requirements are not expected to cause a substantial
loss of utility for the rider. In fact, to the extent that the
requirements prevent accidents, reduce downtime, make the ride more
comfortable (e.g., the suspension requirements), and increase the
functionality of the vehicles, most of the
[[Page 45919]]
requirements could have a positive impact on rider utility.
The proposed rule would require manufacturers (including importers)
to perform, or cause to be performed, testing sufficient to ensure, on
an objectively reasonable basis, that each ATV conforms to the
requirements in the proposed rule. The specified tests will require
some time and equipment. If the tests are conducted at a facility where
the required equipment is available and set up time for each test is
kept to a minimum, it is possible that all of the tests could be
conducted in one day (8 hours) or less. It is reasonable to assume that
the person supervising the tests will be a senior mechanical engineer
and that at least one other mechanical engineer will be involved in
conducting the tests. If the total labor costs were $90 per hour, then
the cost of conducting the tests would be about $720 per model (8 hours
x $90).\6\
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\6\ According to the U.S. Department of Labor, Bureau of Labor
Statistics, the average wage for a Level 13 Mechanical Engineer was
$52.45 in July 2003. In this discussion $90 is used to allow for the
assistance of a less experienced engineer and inflation.
---------------------------------------------------------------------------
In addition to the labor cost, some accounting for the cost of
equipment required for testing should also be made. Assuming that ATV
manufacturers have the equipment easily available, it is probably
reasonable to assume that the cost of the equipment used in the testing
is perhaps about $500. This could be thought of as the rental value of
the equipment for a day of testing.
The testing must be documented and maintained for 5 years after the
production of that model ceases. The information required for this
documentation would be collected during the performance of the tests.
However, this information might be reformatted and assembled into the
final record after the testing is completed. Moreover, in the case of
foreign manufacturers, this documentation will have to be provided to
the U.S. based importer and it is the importer that will be required to
maintain the records. This could add perhaps another $100 to the cost
of the testing and record keeping.
These estimates suggest that the full testing and recordkeeping
costs of the proposed rule could be about $1,320 per model. Previously,
CPSC staff had identified 131 different ATV models for the model year
2001 and 235 different ATV models for the year 2003. Given the
significant increase in sales of ATVs in recent years, it is not
unreasonable to believe that there might be 500 different ATV models
today. Therefore, the full testing and recordkeeping costs could be
$660,000 per year, assuming models are changed annually.
Several ATV manufacturers conform to ANSI/SVIA-1-2001 and,
therefore, should already be performing the testing called for in the
proposed rule. The proposed rule will not impose additional testing
burdens on these manufacturers. The staff estimates that these
manufacturers account for at least 150 ATV models. Therefore, the
testing and recordkeeping costs that could be attributed to the
proposed rule that would not be incurred in the absence of the proposed
rule, could be less than $462,000 annually ($660,000 - 150 x $1,320).
Ban on the Sale of New 3-Wheel ATVs. As part of the 1988 Consent
Decrees, ATV manufacturers agreed not to sell any new 3-wheel ATVs,
which had been shown to be less stable and more risky than their 4-
wheel counterparts. As a result, until recently, no new 3-wheel ATVs
have been marketed in the United States since the late 1980s. However,
the CPSC Office of Compliance has found evidence on the Internet that
3-wheel vehicles that could be considered to be ATVs have recently been
offered for sale to the public. Therefore, the proposed rule would
formalize a ban on the sale of new 3-wheel ATVs. While formalizing the
ban will not reduce ATV-related injuries significantly from their
present levels, it will ensure that 3-wheel ATVs are not reintroduced
into the U.S. market.
The justification for a ban on the sale of 3-wheel ATVs is based on
the substantially higher expected injury costs associated with the
ownership and use of 3-wheelers, relative to 4-wheelers, and the
likelihood that these higher costs outweigh any additional utility that
they may provide to their owners. We begin with a discussion of the
costs associated with the ownership and use of 3-wheel and 4-wheel
ATVs.
The real costs of ATVs include the expected injury costs associated
with their use as well as their purchase price. A recent risk analysis,
based on injuries reported through the CPSC National Electronic Injury
Surveillance System (NEISS) and a parallel survey of the general
population of ATV drivers, found that the risk of a hospital emergency
department-treated injury on a 3-wheel ATV was about 3.1 (95%
confidence interval (CI), 1.5, 6.4) times the risk on a similar 4-wheel
ATV.\7\
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\7\ Gregory B. Rodgers and Prowpit Adler, ``Risk Factors for
All-Terrain Vehicle Injuries: A National Case-Control Study,''
American Journal of Epidemiology, Vol. 153, No. 11 (2001). Hereafter
Cited ``Rodgers and Adler (2001).''
---------------------------------------------------------------------------
These relative risk estimates can be used to estimate the expected
difference in annual injury costs between 3-wheel and 4-wheel ATVs. In
2001, the societal cost of non-fatal ATV-related injuries was about
$1,876 per ATV in use. In 2001, 3-wheel ATVs made up about 14 percent
of the ATVs in use. If we let Cost3 and Cost4
represent the expected annual non-fatal injury cost per 3-wheel and 4-
wheel ATVs in use respectively, then the expected annual injury cost
per ATV can be expressed as 0.14(Cost3) +
0.86(Cost4) = $1,876.
Since the risk of a non-fatal injury on 3-wheel ATVs is
approximately 3.1 times that of a 4-wheel ATV, Cost3 can be
expressed in terms of Cost4 (i.e., Cost3 = 3.1 *
Cost4). Solving these equations yields Cost3 =
$4,494 and Cost4 = $1,450. Therefore the expected difference
in non-fatal injury costs between 3-wheel and 4-wheel ATVs is about
$3,045 per vehicle annually.\8\ If the expected life of an ATV is 9
years, the present value of this injury cost difference (at a 3 percent
discount rate) over the expected life of the product will come to about
$23,700.\9\
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\8\ An analysis of fatal injury risks also suggested a higher
relative risk on 3-wheel ATVs. However, because information
regarding a key driver characteristic was missing, the difference in
fatal injury risks was less amenable to quantification and,
therefore, not included in the above analysis. It suggests however,
that the cost differential between 3-wheel and 4-wheel ATVs
estimated above could be low (see Gregory B. Rodgers, ``Revisiting
All-Terrain Vehicle Risks: Response to Critique,'' Journal of
Regulatory Economics, Vol. 10 (September 1996).
\9\ This is a low estimate of the average life of an ATV. One
analysis suggests that the expected life of an ATV could be 19 years
(Statement of Ed Heiden of Heiden Associates at the Consumer Product
Safety Commission West Virginia Public Field Hearing, Morgantown,
West Virginia, 5 June 2003).
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A lower bound estimate for the injury cost differential might be
based on the lower 95 percent confidence bounds of the relative risk
factors for 3-wheel ATVs described above, or 1.5 instead of 3.1. Based
on these relative risk estimates, the non-fatal injury cost
differential on a 3-wheel ATV would be about $877 per year. Assuming a
9-year useful life and a 3 percent discount rate, this comes to a
difference of $6,830 over the life of an ATV.\10\
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\10\ Even if a higher discount rate were used, the cost
differences would be substantial. For example, if a 7 percent
discount were used with the lower estimates of the relative risks,
the expected cost difference over the life of an ATV would be
$5,713.
---------------------------------------------------------------------------
The injury cost differential would be offset somewhat by the lower
retail costs of 3-wheel ATVs. Based on information from the late-1980s,
when 3-wheel ATVs were still being produced, 3-wheeled ATVs cost about
$190 less than a similar 4-wheel model. This cost
[[Page 45920]]
differential would probably amount to about $300 in 2004 dollars.
Thus, the total costs associated with 3-wheeled ATVs (including
both the injury costs and the costs of purchasing the ATV) might amount
to about $23,400 ($23,700 in injury costs less $300 in retail costs)
more than the costs of a similar 4-wheel ATV (over its useful product
life). At the lower bound level, the difference would amount to about
$6,530.
A ban of 3-wheel ATVs would therefore be beneficial (on average) if
the average extra valuation (i.e., use value or utility) that
individuals put on a 3-wheel ATV over a 4-wheel ATV is less than
$23,700 (or about $6,530 at the lower bound) over the useful life of
the product. Consequently, if the utility from a 4-wheel ATV is not
substantially different from the utility from a 3-wheel ATV, the ban
would be justified.
We cannot estimate the utility that individuals get from ATVs, and
so we cannot say that the ban would be justified for all individuals.
However, available evidence suggests that for most individuals, the
utility differential is minimal. First, 4-wheel ATVs were growing in
market share throughout the 1980s, even though their retail prices were
marginally higher than similar 3-wheel ATVs. By 1986, for example, two
years before the consent decrees became effective, about 80 percent of
ATVs sold in the U.S. had four wheels. Second, after the ATV
manufacturers agreed to stop selling 3-wheel ATVs as part of the
consent decrees, the market price of used 3-wheel ATVs actually
declined relative to the price of 4-wheel models.\11\ There was no
evidence of a strong market reaction to the 3-wheel ATV stop-sale, such
as bidding up the price of the increasingly scarce 3-wheelers that
would suggest many consumers valued 3-wheel ATVs significantly more
than they valued 4-wheel models.
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\11\ Gregory B. Rodgers, ``All-Terrain Vehicles: Market Reaction
to Risk Information,'' Economic Inquiry, Vol. 31, No. 1 (January
1993).
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Speed Limitations on ATVs Intended for Youths. The proposed rule
would limit the maximum speeds of ATVs intended for children under the
age of 16 years. Teen ATVs (i.e., those intended for riders between 12
and 15 years of age) would have a maximum unrestricted speed of 30 mph
and a speed limiting device that can limit the maximum restricted speed
to 15 mph. Pre-Teen ATVs (i.e., those intended for children between 9
and 11 years of age) would have a maximum unrestricted speed of 15 mph
and a speed limiting device that can limit the maximum restricted speed
to 10 mph. Junior ATVs (i.e., those intended for children between 6 and
8 years of age) would have a maximum speed of 10 mph. No ATVs would be
recommended for children under the age of 6 years. All references to
engine size, such as those in the LOUs, would be eliminated.
Based on an analysis by the CPSC Division of Human Factors (ESHF),
speed--not engine size--is a more appropriate control variable for
determining which ATVs should be recommended for children under age 16
years. In fact, limiting engine size could be counterproductive. There
is some evidence that limiting the power of youth models by controlling
engine size can, in some circumstances, make ATV riding less safe. As
one example, underpowered children's models have a greater potential
for stalling when going uphill.
It is also likely that engine size restrictions discourage some
people from purchasing appropriate ATVs for young riders. If the ATV
engine lacks sufficient power for things such as acceleration or hill
climbing, some young riders may resist riding these ATVs and instead
ride adult ATVs. Additionally, the frame size of the current ATVs with
less than 90cc engines might not comfortably fit ``large'' children.
Some adolescents between the ages of 12 and 14 are larger than some
adults; these adolescents may resist using an ATV with a frame designed
to fit a much smaller person. According to ESHF, ``fitting the [ATV]
frame anthropometrically to the user is one of the most important
factors for youth ATVs. If the frame is too small, the youth will be
discouraged from riding the ATV both physically and socially.'' This
may explain, at least in part, the fact that relatively few children
actually ride the youth models. Based on the 2001 exposure survey, only
about 20 percent of children under 16 years of age who drove ATVs drove
youth models.
Based on these considerations, eliminating the engine size
limitations from youth models may enhance safety. It might lead to some
ATV manufacturers introducing a wider variety of youth models,
including models with larger frames and more powerful engines. With
larger frames and more power, it is possible that more young riders
will be willing to accept ATVs with the recommended speed restrictions.
It is also likely that more parents would be willing to purchase youth
models with larger frames that could be used by children for a longer
period of time without replacement. Moreover, increased acceptance of
ATVs with the age-recommended speed restrictions could reduce the
number of ATV-related injuries.\12\
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\12\ It should be noted that manufacturers are not now
prohibited from producing youth ATVs on larger frames. However,
increasing the options available to manufacturers in designing youth
ATVs should increase the probability that manufacturers might
manufacture youth ATVs in a wider range of sizes.
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Increasing the number of youth ATVs with larger frames could also
increase safety by increasing the proportion of young ATV drivers that
receive formal ATV safety training. Most formal ATV safety training
programs, such as that run by the ATV Safety Institute, will not train
children under the age of 16 unless they are riding an appropriate
youth model. Therefore, children who do not have ATVs with less than
90cc engines cannot receive formal training. If simplifying the age
recommendations for ATVs leads manufacturers to introduce more ATVs
with the recommended speed restrictions for young riders and, as a
result, more children begin riding youth ATVs, it will be possible for
more young riders to receive formal safety training. As discussed more
fully below, formal training can act as a surrogate for experience and
thereby reduce the risk of injury.
The speed limitations for ATVs intended for youths should not
impose substantial additional costs on manufacturers because they are
similar to those already in the voluntary standard (ANSI/SVIA-1-2001).
Moreover, the speed limitations in the proposed standard are less
restrictive than the requirements for youth ATVs specified in the LOUs,
since they do not include the engine size limitations. Consequently,
the Commission believes that this provision of the proposed standard
increases the potential for safety in the form of reduced injuries and
deaths, without imposing additional costs and burdens on
manufacturers.\13\
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\13\ ANSI/SVIA-1-2001 does not have an age category that
corresponds to ``Junior ATV'' in the proposed rules. CPSC staff
believe that the ``Junior ATV'' market will be a very small segment
of the ATV market.
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Warnings and Safety Information to be Provided to Consumers.
According to ESHF, hazard communications ``are crucial for products
with hazards that cannot be eliminated through design.'' The proposed
rule requires ATV manufacturers, distributors, or dealers to provide
several safety warnings to consumers. These will consist of labels or
hang tags that, among other things, advise consumers of the age
recommendations for ATVs, warn that it is unsafe to allow children to
operate
[[Page 45921]]
ATVs intended for adults or older children, and warn that it is unsafe
to carry passengers on an ATV (with the exception of specially designed
tandem ATVs). This information will also be required to be contained in
the owner's manuals and in a video to be provided to each consumer.
The ATV manufacturers with the greatest share of the market are
already conforming to this requirement, which is included in the LOUs
negotiated with the major ATV manufacturers. Therefore, this provision
will not impose any new costs on these manufacturers. For the
manufacturers that are not now in conformance, the cost to bring
themselves into conformance will be low on a per unit basis. The cost
of designing, printing, and attaching a label or hang tag or adding
pages in an owner's manual is low. Even for manufacturers with a very
low sales volume, the cost of adding the required warnings will be
probably no more than a few dollars per vehicle.
The major manufacturers are already providing the safety video and
so the proposed standard will have no impact on their costs. For
manufacturers that are not currently providing a safety video to their
consumers the costs could be higher. The cost of duplicating a video or
DVD is no more than a few dollars. However, the cost of producing the
safety video could be several thousand dollars. For a manufacturer or
distributor with a low sales volume, this could be a more significant
cost. The cost or impact could be lower if a third party video could be
licensed or shared by many small manufacturers or distributors.
Manufacturers would also be required to keep a copy of the owner's
manuals and the safety video for each model on file for at least 5
years. It is likely that many manufacturers would do this even in the
absence of a mandatory rule. The storage costs of these items probably
would not exceed $10 per model. The cost could be lower since the same
safety video would likely be used for all ATV models produced or
imported by a manufacturer and could be used for several years. Owner's
manuals also might cover more than one model.
The benefit of this provision is that it will ensure that all
consumers receive some basic safety and hazard information regarding
such things as the risk of children riding ATVs not appropriate for
their age and carrying passengers on ATVs not designed for carrying
passengers. Although this benefit cannot be quantified, the following
example sheds some light on the potential impact. The risk of injury
for riders under the age of 16 driving adult ATVs is about twice the
risk of injury of those who are driving age-appropriate ATVs.\14\ In
2001, the societal cost of ATV related injuries and fatalities
involving children under the age of 16 was about $3.6 billion.
Therefore, although it is not known how effective these warnings are at
reducing children from riding adult ATVs, if they reduced the number of
children riding adult ATVs enough to reduce the number of ATV-related
injuries to children (either by parents not allowing a child to drive
an adult ATV or by purchasing an appropriate ATV for young riders) by
even a small amount, the benefits of these warnings could exceed the
costs. For example, if they reduced the injuries by only one-half of
one percent, this would still amount to a benefit of $25 over the life
of an ATV.\15\
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\14\ According to information provided by the CPSC Directorate
for Epidemiology and included in the 2005 CPSC Briefing Package on
ATVs (regarding Petition No. CP-02-4/HP-02-1, Request to Ban All-
Terrain Vehicles Sold for Use by Children Under 16 Years Old), risk
of injury to children under 16 driving adult ATVs was 18.6 per
thousand drivers compared to 9.6 per thousand drivers for children
driving youth ATVs.
\15\ One-half of one percent of $3.6 billion divided by the 5.6
million ATVs of all types in use in 2001 is $3.21. Over the expected
9-year life of an ATV this comes to about $25 discounted at 3
percent per year.
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Disclosure Statement to Consumers About the Risks to Children
Riding Adult ATVs. The proposed rule would require that ATV retailers
provide purchasers of adult ATVs a written statement that (1) clearly
states adult ATVs are not intended for the use of children under the
age of 16 and (2) provides the consumer with specific information on
the possible injury consequences of allowing children to ride adult
ATVs. A similar disclosure statement would be provided purchasers of
youth ATVs advising them to monitor their child's ATV driving to ensure
that the child is capable of and does drive the ATV safely. This
requirement is a direct response to the high risk of injury to children
riding adult ATVs, and the comments of many parents (including some
whose children died on adult ATVs) that they had never been warned of
the risks. This disclosure would be provided to the purchaser and
signed before the purchaser completes or signs other documents related
to the sale, such as sales contracts or financing agreements. Consumers
will be required to sign the statement to acknowledge that they were
warned. Dealers would be required to keep the signed disclosure
statement on file for at least 5 years after the purchase so that
compliance with the requirement for the disclosure statement can be
monitored. Dealers would also be required to send a copy of the signed
disclosure statement to the manufacturer, who would also be required to
keep the statement on file for at least 5 years after the purchase.
The benefits of the disclosure statement are twofold. First, it
will help consumers make a more informed choice when they purchase a
new ATV. Second, as suggested by the ESHF analysis, signing the
document may discourage some purchasers from allowing children to ride
their adult ATVs. As shown in the above discussion of ``Warnings,'' the
injury costs associated with children riding adult ATVs are
significantly higher than the injury costs associated with children
riding age-appropriate ATVs. Even if the disclosure statement could
reduce the number of injuries by one-half of one percent, it could
still produce a benefit of $25 over the life of an ATV.
The cost of this disclosure statement is estimated to be
approximately $0.95 per ATV sold.\16\ Generally, when ATVs are sold
there is already some amount of paperwork generated, including purchase
contracts and financing agreements. Therefore, the marginal cost of an
additional form is minimal. Moreover, under the LOUs manufacturers
already require their dealers to inform consumers of the age
recommendations for ATVs and to monitor dealer compliance with these
recommendations. It is possible that the enforcement mechanism provided
by this disclosure statement would be no more costly than the current
methods of monitoring compliance with the LOUs.
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\16\ This estimate is based on it taking approximately 2 minutes
to complete the form and distribute the copies to the purchaser, the
manufacturer, and the retailer's files and that the time is valued
at $21.32/hour, which is the average wage of motor vehicle sales
workers in July 2004, as reported by the U.S. Department of Labor,
Bureau of Labor Statistics, adjusted for inflation. Other costs,
such as the cost of the blank forms and postage, may add another
$0.24 to the cost.
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Provision of Training for ATV Purchasers. The training requirement
of the proposed rule would require manufacturers or distributors of
ATVs to provide a training certificate to each purchaser of a new ATV
that entitles the purchaser and any qualified member of his or her
immediate family to attend an authorized training course, ``free'' of
charge. Of course, the training will not be free in terms of the
trainee's time. The trainee would have to devote a day to the training
process, and may have to transport an ATV to the training site. In the
case of children, parents would likely need to become involved by
[[Page 45922]]
providing transportation to the training site. Hence, the provision of
the ``free'' certificate entitling the holder to training can be
thought of as a subsidy to encourage new purchasers to take the
training.
The cost of the training to be provided will depend upon a number
of factors, such as the length of the course, the number of trainers,
the number of enrollees, and others. However, if the training is
similar to that currently provided by the ATV Safety Institute (ASI),
the value of the training certificate entitling the holder to a
training course might be $75 to $125. This is what ASI currently
charges children and adults respectively for the course, as indicated
at their Web site (www.atvsafety.org). Thus, the value of the training
subsidy, under this requirement of the proposed standard, might be $75
to $125 per trainee.
The requirement that manufacturers offer free training is
essentially a requirement that they subsidize ATV safety training. The
purpose of a subsidy is to lower the cost of a product to a person to
induce them to purchase more of the product. It can be an appropriate
policy when it is believed that consumers will not purchase the
socially optimal quantity of the good without some intervention. A
consumer might not purchase the optimum quantity of a good for a
variety of reasons, such as some of the societal benefit of purchasing
the good (or undertaking an activity) might go to people other than the
direct consumer or if the consumer underestimates the value of the good
to himself or herself.
In the case of ATV safety training, it is likely that many
consumers underestimate the benefits of training. According to ESHF,
ATVs can appear ``deceptively easy'' to operate but in fact require
``repeated practice to drive safely.'' Even at low speeds ATV drivers
need to have ``situational awareness necessary to negotiate hazards on
unpaved terrain'' and make ``quick judgments'' with regard to steering,
speed, braking, weight shifting and terrain suitability. Consumers who
underestimate the difficulty of riding ATVs may conclude that the cost
of the training, including the costs in terms of time and travel, will
exceed the benefits. It is likely that more consumers will be induced
to take training if the manufacturers emphasize the importance of
training to consumers and offer them free training.
The benefits of training to new ATV drivers could be substantial.
ESHF indicates that training may act as a surrogate for experience
because it exposes new ATV drivers to situations they will encounter
riding off-road and teaches them the proper driving behavior to
navigate those situations. The Directorate for Epidemiology estimates,
based on the results of the 2001 ATV injury and exposure surveys, that
formal training may reduce the risk of injury by about half. The
application of this result, in combination with the HF finding that
training may function as a surrogate for driving experience, allows us
to quantify the possible benefits of training.
A recent ATV risk analysis found a strong inverse relationship
between driving experience and the risk of hospital emergency
department (ED) treated injury. Based on this analysis, risk in the
first year of riding was about 65 percent higher than the risk in the
second year, and about twice the risk of the third year. Assuming that
formal training reduces risk by half in the first year of ATV use
(i.e., acts as a surrogate for experience), the risk of ED injury for a
male driver under the age of 36 on a 325 cc four-wheel ATV, would
decline by about 0.0083. According to the CPSC's Injury Cost Model, the
average societal cost of an ATV-related ED injury amounted to about
$60,250 in 2004 dollars. Consequently, the expected benefits of
training would amount to about $500 (0.0083 * $60,250) per new rider
taking the training. The risks for female drivers are less than for
males. Using the same approach, the ED risk reduction for new female
riders (under age 36, and on a 325 cc, four-wheel ATV) in the first
year would be about 0.0029. The expected benefit of training an
inexperienced female driver would therefore be about $175 (0.0029 *
$60,250). Given that about 63 percent of drivers were male in 2001, the
average risk reduction for male and female drivers would amount to
about 0.0063; the expected benefits would average about $380 (i.e.,
0.63($500) + 0.37($175)).
In addition to preventing non-fatal ED injuries, training would
also likely reduce ATV-related injuries initially treated outside of
hospital EDs and ATV-related deaths (see the appendix). While the risk
model formally applies to ED injuries, it does not seem unreasonable to
assume that the impact of training on non-ED injuries and deaths would
be similar. Consequently, if the relationships in the risk model apply
proportionally to non-ED injuries and deaths, the expected non-fatal
injury reduction benefits for a typical new driver (weighted by the
proportion of male and female drivers) would amount to about $220 and
the expected benefits associated with the reduction in deaths would
amount to about $170 per trainee.\17\
---------------------------------------------------------------------------
\17\ These calculations were based on information provided in
the appendix to the preliminary regulatory analysis. According to
the appendix, there were about 1.49 non-ED injuries for every ED
injury in 2001. If the reduction in risk associated with preventing
non-ED injuries were proportional to the reduction in the ED injury
risk, the reduction would amount to 0.0093 (0.0063 * 1.49). And,
since the costs of the non-ED injuries averaged about $23,700, the
expected benefits from preventing these injuries would be about $220
(0.0093 * $23,700) per trainee. Similarly, there were about 0.0054
deaths for every ED-injury. Consequently, if the reduction in the
fatality risk were proportional to the reduction in the ED injury
risk, the reduction would amount to about 0.000034 (0.0063 *
0.0054). Assuming a value of statistical life of $5 million, the
expected benefits of reductions in the fatality risk would amount to
about $170 per trainee.
---------------------------------------------------------------------------
Based on this analysis, the expected benefits of training new
riders could therefore amount to about $770 ($380 + $220 + $170) per
rider. Factoring in reasonable estimates of the costs of the training
to the consumers, the benefit of training for new riders should exceed
the costs. For example, if the course fee is $125 and a trainee must
give up 10 hours to take the course (including transportation to and
from the training site) then the cost of training to a consumer who
valued his or her time at $17 per hour would be about $295.\18\
Consequently, the net benefits of training to this consumer would be
about $475.
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\18\ The SVIA sponsored training for new riders is approximately
one-half day in length. Assuming that a trainee must give up 10
hours to take the training allows for travel to and from the site.
The ``value of time'' estimate is based on the average net
compensation for 2004 as reported by the Social Security
Administration ($34,197.63 for the year, which is about $17 per
hour).
---------------------------------------------------------------------------
A major assumption in this cost-benefit comparison is that riders
taking advantage of the training program would be inexperienced drivers
who would take the training early in the first year of ATV riding. The
expected benefits would be lower if the training were taken later. For
example, if the analysis just completed had assumed the training were
taken in the second year of ownership (rather than the first), the
estimated gross benefits would have been about $470. Note, however,
that while net benefits would have been lower (about $175), they are
still positive. Hence even if some riders take the training after the
first year of riding, the benefits of the training are still likely to
exceed the costs. This suggests that the results of the cost-benefit
comparison may not be very sensitive to the timing of the training.
ATV manufacturers that account for about 90 percent of all U.S. ATV
sales already offer free training to their
[[Page 45923]]
consumers.\19\ Therefore, the primary impact of this requirement will
be to extend the free training offer to people who purchase ATVs from
manufacturers or importers that do not now offer free training. These
manufacturers account for about 10 percent of total domestic ATV sales.
---------------------------------------------------------------------------
\19\ In addition to offering free training, some ATV
manufacturers offer additional incentives to encourage first-time
buyers to take ATV safety training. For example, in addition to
providing free training, some manufacturers give first-time
purchasers an additional $100 if they complete the training. Some
manufacturers also offer the free training to other members of the
purchaser's family.
---------------------------------------------------------------------------
In spite of the offers of free training and other incentives, few
ATV riders take formal safety training. Based on the 2004 Rider
Training Summary provided by the SVIA, about 35 percent of first-time
ATV purchasers who were offered this training by member firms took
advantage of it. Since first-time purchasers accounted for about 20
percent of new ATV purchases, this suggests that only about 7 percent
of all purchasers of new ATVs actually took the training. Assuming that
this pattern will hold for the manufacturers or importers that are not
now offering free training, one can expect that perhaps 7 percent of
their consumers will take the training. Approximately 950,000 ATVs are
sold annually. Because manufacturers that do not already offer free
training account for about 10 percent of the market, this provision
would likely increase the number of riders trained annually by 6,000 to
7,000 (.07 x 92,000). If the benefits of the training are $770 per
trainee and the cost of the training is $295, this could result in a
net benefit of about $3.3 million annually (($770-$295) x 7,000).
There would be some recordkeeping costs imposed on retailers and
manufacturers by the proposed rule. The retailers would be required to
prepare a training certificate that entitles each qualified member of
the purchaser's immediate family and obtain the purchaser's signature
on a form that acknowledges the receipt of the free training
certificate. The signed original of this form must be kept by the
retailer and copies provided to both the purchaser and the
manufacturer.
The cost of preparing and filing the training certificates and
acknowledgement forms is estimated to be about $1.38 per ATV sold. This
is based on it taking approximately 1 minute to complete the training
certificate and the acknowledgement form. An additional minute might be
required to distribute the copies of the forms to the purchaser, the
manufacturer, and the retailer's files. Time is valued at $21.32.\20\
The cost of the blank forms, postage, and other supplies, accounts for
the remaining $0.31.
---------------------------------------------------------------------------
\20\ This is the average hourly wage of motor vehicle sales
workers reported by the Bureau of Labor Statistics in July 2004
(inflated to 2006 dollars).
---------------------------------------------------------------------------
Means for Reporting Safety Complaints and Concerns. The proposed
rule will require that each manufacturer provide consumers with a means
of relaying safety or hazard related information concerning an ATV to
the manufacturer or importer. Manufacturers must make available for
this purpose a domestic telephone number and mailing address, and a Web
site or email address. This contact information must be contained in
the owners' manuals which will also be required to provide consumers
with the instructions for reporting safety or hazard information to the
CPSC.
This provision could provide manufacturers with an early alert if
there is a potential hazard or defect with one of their products. This
could allow manufacturers to take preemptive actions to minimize the
risk of injury due to the problem. However, this benefit cannot be
quantified because we cannot predict how frequently such a problem will
occur or how reliably it will be reported to the manufacturer by
consumers.
However, the cost of providing a means to report safety related
problems is low. Virtually all manufacturers or distributors that sell
ATVs in the U.S already have domestic telephone numbers, addresses, and
Internet sites. The additional cost of inserting this information in an
owner's manual is very low. In fact, many manufacturers and
distributors already do this.
Discussion. CPSC has been monitoring ATV-related injuries and
promoting ATV safety since the early 1980s. Over that time, it has
negotiated several voluntary agreements with major ATV manufacturers
that have improved the safety of ATVs, encouraged formal safety
training for ATV riders, and promoted safe ATV riding practices.
However, as the ATV market has grown, new manufacturers and importers
have entered the market that are not party to any voluntary agreements
with the CPSC with regard to ATV safety. As the number of new
participants increases, it becomes increasingly difficult to maintain
voluntary agreements with all manufacturers and importers. In the
absence of either mandatory requirements or voluntary agreements, CPSC
has no effective mechanism for enforcing safety standards and
practices. Moreover, if the market share of manufacturers and importers
that are not party to any agreement with the CPSC increases,
manufacturers that are parties to agreements may resist renewing the
voluntary agreements.
The proposed rule would ensure that key elements of the voluntary
agreements are extended to all ATV manufacturers and distributors.
Because manufacturers and distributors that account for about 90
percent of the market already conform to these requirements (and much
of the remaining 10 percent conform to at least some of the
requirements) the proposed standard may not significantly lower the
number of injuries from their current levels. However, it will
establish some minimum enforceable standards that all firms that sell
ATVs in the U.S. will be expected to meet.
Where the benefits and costs of the individual provisions can be
quantified, this analysis has shown that the benefits are expected to
exceed the costs (i.e., a ban on 3-wheel ATVs and training
inexperienced ATV riders). For other provisions, the costs of complying
with the standard will be low on a per unit basis (i.e., providing
warning labels and safety information at the point of sale, a safety
video, and means for reporting safety hazards or concerns to the
manufacturer). Although the benefits of these cannot be quantified,
they provide consumers with information that may help them choose an
appropriate ATV for the rider and may reduce some unsafe riding
behaviors. The costs of complying with each element of the requirements
of the mechanical standard have not been quantified. However, each of
the requirements would provide some safety benefits. Moreover, the vast
majority of ATVs sold are already thought to be in compliance.
5. Alternatives to the Proposed Rule
The Commission could consider alternatives to the proposed rule
including continuing to pursue voluntary actions rather than a
mandatory rule. Other alternatives include adopting some parts of the
proposed rule, but not others. Additionally, the staff considered other
requirements for headlamps and training.
Not Adopting a Mandatory Rule and Continuing to Pursue Voluntary
Actions. CPSC has been successful in gaining the cooperation of the
largest ATV manufacturers and some of the smaller ones in working
voluntarily to reduce the number of ATV-related injuries. However,
entry into the ATV market is relatively easy. The number of
[[Page 45924]]
manufacturers and importers has increased substantially in even the
last few years: from about 7 manufacturers and importers in 1995, to
more than 87 today. As the number of manufacturers increases it will be
increasingly difficult to negotiate voluntary agreements with every
one. To the extent that some new entrants do not conform to the
agreements, there could be some economic pressure on others to limit
their cooperation in the future.
It should also be noted that promulgating a mandatory rule does not
rule out future CPSC efforts, either voluntary or mandatory, to further
improve ATV safety.
Promulgating Portions of the Proposed Rule. Each of the major
provisions of the proposed rule (e.g., mechanical requirements, ban of
3-wheel ATVs, and so on) could be considered independently. If the
Commission believes that the benefits of any of the individual
provisions do not bear a reasonable relationship to the costs, or for
some other reason should not be mandated, it could exclude those
provisions from a proposed rule.
Allowing Headlamps on Youth ATVs. The justification for the
prohibition of headlamps on youth ATVs is to discourage children from
riding after dark. Riding after dark is believed to be a significant
risk factor for children. Also it can be difficult to supervise
children riding ATVs in low light conditions. The Commission believes
that allowing headlamps on youth ATVs would encourage children riding
after dark.
There is a counter argument that if some children ride after dark
or in low light conditions anyway (or if they do not return from a trip
begun during daylight before dark) then allowing headlamps on youth
ATVs could reduce the risk of injury by better illuminating the rider's
path. It is also possible that the prohibition could cause some young
teens to ride adult ATVs if they were involved in some ATV-related
activities with parents or older siblings after dark. This could
increase the injury risk since, as described earlier, the risk of
injury for a child riding an adult ATV is twice that of riding a youth
ATV.
The Commission does not have the data to provide statistical
support to either argument. However, in the judgment of ESHF, the
decrease in injuries resulting from discouraging after-dark riding by
children by prohibiting headlamps on youth ATVs probably outweighs the
increase in risk to those children who might still occasionally ride
after dark.
Not Mandating Stop Lamps. As an alternative to mandating stop
lamps, the CPSC considered following ANSI/SVIA-1-2001 by allowing, but
not requiring, stop lamps on all ATVs. Currently, CPSC staff believes
that most adult ATVs have stop lamps, but most youth ATVs do not. If
stop lamps were not mandated, the practice of installing stop lamps on
adult ATVs, but not youth models, is likely to continue. This is
probably due in part to the lower added cost of installing stop lamps
on adult ATVs, where some of the steps can be combined with the
installation of tail lamps that are already required.
The benefit of stop lamps is that they can alert a driver when the
driver of a leading vehicle has applied his or her brakes, which can
increase the chance of the trailing driver reacting appropriately,
either by applying his or her own brakes or taking evasive maneuvers
and avoiding a rear-end collision. It can be anticipated that there are
situations where ATVs would be traveling in a row on a trail and a
driver may stop unexpectedly. While the staff has not been able to
quantify the benefits, in some cases, the activation of a stop lamp may
help to avoid a collision.
The cost of including stop lamps on ATVs is the cost of the
materials (e.g., bulbs, switches, wiring, and lenses) and labor to
install the stop lamps during the manufacturing process, and the cost
of redesigning the body of the ATV to accommodate the stop light
housing. This cost has not been quantified. Although the cost is not
expected to be very expensive in absolute terms, the cost could amount
to several dollars or more per ATV, especially in the case of youth
ATVs that are not currently equipped with any wiring for lighting.
More Stringent Training Requirements. The CPSC considered including
more stringent training requirements in the proposal, including
requiring that at least 8 hours of training, along with specific
requirements for written and riding tests, be provided, and that the
student-teacher ratio not exceed 4:1. The minimum time requirements
would be intended to ensure that there would be sufficient time to
cover all topics that should be covered in a safety course and to give
each student enough time to practice each skill until they had reached
a satisfactory level of proficiency. The written and riding tests would
provide a mechanism for the instructor to give the student specific
feedback concerning his or her performance. A student-teacher ratio of
4:1 would ensure that each student gets individual attention.
However, there are drawbacks to mandating the more stringent
requirements outlined above. The training program of the ATV Safety
Institute, which is the leading ATV safety training provider, is
approximately one-half day in length, there are no written or driving
tests, and a 4:1 student-teacher ratio is encouraged but not required.
Therefore, mandating the more stringent requirements could increase the
cost of the training from its present level. Mandating a minimum length
for the training and mandating a lower student-teacher ratio could
possibly reduce the availability of training. Moreover, some new ATV
purchasers who are willing to set aside the time to participate in a
one-half day training program might not be willing to set aside a full
day for the program, which for some trainees could include an overnight
stay if the training site was a substantial distance from their home.
J. Paperwork Reduction Act
The proposed standards will require manufacturers (including
importers) to perform testing and require manufacturers and retailers
to keep records. For this reason, the rules proposed below contain
``collection of information requirements'' as that term is used in the
Paperwork Reduction Act, 44 U.S.C. 3501-3520. Therefore, the proposed
rule is being submitted to the Office of Management and Budget
(``OMB'') in accordance with 44 U.S.C. 3507(d) and implementing
regulations codified at 5 CFR 1320.11. The estimated costs of these
requirements are discussed below.
1. Testing and Recordkeeping Costs
Manufacturers. The proposed rule would require manufacturers
(including importers) to perform, or cause to be performed, testing
sufficient to ensure that each ATV conforms to the requirements in the
proposed rule. The requirements in the proposed rule are based on ANSI/
SVIA-1-2001.
As discussed in section I above, the specified tests will require
some time and equipment. They are estimated to take one day (8 hours)
or less and would be conducted by at least one other mechanical
engineer. If the total labor costs were $90 per hour, then the cost of
conducting the tests would be about $720 per model (8 hours x $90). As
discussed in the Preliminary Regulatory Analysis above, staff estimates
the cost of the equipment used in the testing to be about $500.
Documentation of the tests could add perhaps another $100 to the cost
of the testing and record keeping.
These estimates suggest that the full testing and recordkeeping
costs of the proposed rule could be about $1,320 per
[[Page 45925]]
model. Based on staff's identification of 131 different ATV models for
the 2001 and 235 different ATV models for the year 2003 and the
significant increase in sales of ATVs in recent years, there might be
500 different ATV models today. Therefore, the full testing and
recordkeeping costs could be $660,000 per year, assuming models are
changed annually.
Because several ATV manufacturers conform to ANSI/SVIA-1-2001 and
should already be performing the testing called for in the proposed
rule, the proposed rule will not impose additional testing burdens on
these manufacturers. The staff estimates that these manufacturers
account for at least 150 ATV models. Therefore, the testing and
recordkeeping cost that could be attributed to the proposed rule that
would not be incurred in the absence of the rules, could be less than
$462,000 annually ($660,000 - 150 x $1,320).
Retailers. Retailers would be required to provide certificates for
free training as discussed above. Additionally, each retailer would be
required to maintain a record of the age acknowledgment statement and
the training acknowledgment statement. The retailer will be required to
write in the vehicle identification number on the training certificates
that will be provided to the purchaser. The purchaser will be required
to sign the original of each form and the retailer will have to
maintain the originals in his or her files for 5 years after the date
of the purchase. A copy of the age disclosure statement and training
availability statement must also be sent to the manufacturer (or
importer). The forms must be made available to CPSC representatives
upon request.
These records are not complex and simply provide some basic
information to the consumer (i.e., the minimum age one should be to
ride the particular ATV and contact information for free ATV safety
training). No information needs to be collected by the retailer, other
than the consumer's signature. No particular skill will be required to
generate or maintain these records. However, retailers that sell ATVs
over the internet, or in other settings where a representative of the
retailer does not meet personally with the consumer, may have to
develop new procedures for obtaining the consumers' signatures. These
might include not shipping the ATV until the consumer has returned the
signed originals to the retailer.
The cost of preparing and filing these records is estimated to come
to about $2.33 per ATV sold. This estimate assumes that an average of 3
forms and training certificates will be required for each ATV: The age
acknowledgement form, the availability of training acknowledgement
form; and an average of 1 training certificate. It is further assumed
that each form takes an average of one minute to complete. An
additional minute will be required for the retailer to send copies of
the forms to the manufacturer and the manufacturer will require an
additional minute to properly file the copies. The time is valued at
$21.32 per hour.\21\ The cost of the blank forms themselves, postage,
envelopes, and other supplies might add another $0.55 to the cost.
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\21\ This is the average hourly wage of motor vehicle sales
workers reported by the Bureau of Labor Statistics in July 2004
(inflated to 2006 dollars).
---------------------------------------------------------------------------
If 950,000 ATVs are sold annually, the total recordkeeping cost on
retailers will be about $2.2 million annually. The number of ATV
retailers is estimated to be about 5,000. Therefore, the recordkeeping
costs will average about $440 per retailer annually. Training
certificates are already provided with about 90 percent of the ATVs
sold. Therefore, about $0.3 million of this cost is already being
incurred.
K. Initial Regulatory Flexibility Analysis
1. Introduction
The Regulatory Flexibility Act (``RFA'') generally requires that
agencies review proposed rules for their potential economic impact on
small entities, including small businesses. Section 603 of the RFA
calls for agencies to prepare and make available for public comment an
initial regulatory flexibility analysis describing the impact of the
proposed rule on small entities and identifying impact-reducing
alternatives. Accordingly, the staff prepared an initial regulatory
flexibility analysis which is summarized below.
2. Reporting, Recordkeeping and Other Compliance Requirements
It is difficult to estimate accurately the number of small entities
that could be impacted for two reasons. One reason is that as noted
below, the number of firms participating in the market has increased
significantly over the last 10 years. Secondly, it is relatively easy
for a firm to enter and exit the market. It is certain, however, that
the ATV market has grown significantly in recent years.
Manufacturers (and Importers). The proposed rule imposes some
requirements on manufacturers (which includes importers) of ATVs. The
number of firms that manufacture or import ATVs is increasing. From the
time ATVs were first introduced in the early 1970s until about 2000,
virtually all ATVs were manufactured and distributed by a few large
firms. Since 2000, the number of smaller importers has increased
significantly. The staff now believes that there are at least 87
manufacturers or importers that supply ATVs to the U.S. market.
However, seven large manufacturers still account for about 90 percent
of the U.S. ATV market. Thus, small manufacturers or importers have a
combined market share of perhaps 10 percent of the market.\22\
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\22\ According to the U.S. Small Business Administration size
standards, an ATV manufacturer (NAICS code 336999) with fewer than
500 employees would be considered small and an ATV wholesaler (NAICS
code 423110) with fewer than 100 employees would be considered
small.
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Many of the new entrants are small importers that import ATVs from
manufacturers based in Korea, Taiwan, and China. Virtually all
manufacturers and importers of ATVs, including the small ones, are
believed to manufacture and import products other than ATVs. These
other products often include other motorized vehicles, such as
motorcycles, motor scooters, go-carts, and mini bikes. In fact, of the
ATV import operations that CPSC staff inspected in 2005, none sold ATVs
exclusively and most received a majority of their revenue from other
products.
Conducting the tests to ensure that ATVs comply with the proposed
mechanical standards will require professional engineering services.
ATV manufacturers probably have qualified engineers on staff or can
obtain the services of qualified engineers to conduct the tests. The
documentation of the tests would likely be completed by the engineer
conducting the tests.
As discussed in sections I and J above, estimates suggest that the
full testing and recordkeeping costs of the proposed rule could be
about $1,320 per model. Staff estimates that there might be 500
different ATV models today. Therefore, the full testing and
recordkeeping costs could be $660,000 per year, assuming models are
changed annually.
As discussed above, the proposed rule will not impose additional
testing burdens on the manufacturers who already conform to ANSI/SVIA-
1-2001. The staff estimates that these manufacturers account for at
least 150 ATV models. Therefore, the testing and recordkeeping cost
that could be attributed to the proposed rule that would not be
incurred in the absence of the rule, could be less than $462,000
annually ($660,000 - 150 x $1,320). The annual cost of the testing per
small manufacturer could be $5,000 to $6,000
[[Page 45926]]
assuming an average of 4 to 5 models require testing each year.
Importers that do not manufacture ATVs can probably work with the
foreign manufacturers to ensure that the ATVs meet the mechanical
requirements and the documentation is prepared and transferred to the
importer. Where the compliance testing is conducted by persons not
fluent in English, an importer may have to employ the services of a
qualified translator who can translate the records accurately into
English.
The requirement that all ATVs be equipped with a stop lamp would
impose some cost burden on ATV manufacturers. Although many adult ATVs
are already equipped with stop lights, most youth ATVs are not. Many
small manufacturers and importers supply youth ATVs to the U.S. market.
The cost of including stop lamps on ATVs includes the cost of the
materials (e.g., bulbs, wiring, switches, lenses, and housing), the
cost of the labor to install the materials, and the cost of modifying
the bodies of ATVs to accommodate stop lamps. Stop lamps are standard
on many different vehicles and, as noted, are included on most adult
ATVs. However, CPSC has not developed firm estimates of the added cost
to equip youth ATVs with stop lamps.
The requirement that youth ATVs be equipped with automatic
transmissions could impose some cost on manufacturers whose youth
models are not already so equipped. However, most youth ATV models,
including those from small importers, already appear to be equipped
with automatic transmissions. The models identified by the staff that
did not have automatic transmissions were some ATVs intended for
children 12 years of age or older that were equipped with automatic
clutches. An automatic clutch, which still requires the driver to
manually select the appropriate gear, would not meet this requirement
for youth ATVs.\23\
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\23\ The three youth ATV models equipped with automatic clutches
were produced by three of the large ATV manufacturers.
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The cost of providing the required warning labels, hangtags, and
additional pages in owner's manuals is low. Many, if not most,
manufacturers already comply, at least to some degree, with this
requirement. However, some foreign manufacturers may require the
services of a qualified translator to ensure that the labels and
manuals are written in clear and understandable English. Other special
skills probably will not be required since the required safety content
of the warning labels, hangtags, and manuals is specified in the rule.
The proposed rule requires that manufacturers provide purchasers
with a video that provides safety information concerning ATVs. The
major manufacturers already provide the safety videos that conform to
this requirement. The cost of duplicating a video or DVD is no more
than a few dollars. However, the cost of producing the safety video
could be several thousand dollars. The impact on small importers could
be reduced if a third party video could be licensed or shared by many
small manufacturers or importers.
Manufacturers would also be required to keep a copy of the owner's
manuals and the safety video for each model on file for at least 5
years. It is likely that many manufacturers would do this even in the
absence of a mandatory rule. The storage costs of these items probably
would not exceed $10 per model. The cost could be lower since the same
safety video would likely be used for all ATV models produced or
imported by a manufacturer and could be used for several years. Owner's
manuals also might cover more than one model.
The proposed rule requires manufacturers to offer ``free'' ATV
safety training to each purchaser of a new ATV and to each member of
the purchaser's family who meets the age qualification to drive the
ATV. The manufacturer or importer must make arrangements with a
training provider to provide this training. The training providers must
offer their services reasonably close to where the purchaser lives and
within a reasonable time of the purchase. There are groups, such as the
ATV Safety Institute (sponsored by the Specialty Vehicles Institute of
America (or ``SVIA'')) that offer ATV safety training that should
comply with this requirement. Based on the listed prices for the SVIA
training, the cost is between $75 and $125 per person. Based on the
experience with the manufacturers that have signed LOUs with the CPSC,
it is expected that about 30 to 40 percent of ATV purchasers with
little riding experience will take advantage of the offer of free
safety training. However, since most ATV purchasers are already
experienced drivers, it is expected that less than 10 percent of all
purchasers of new ATVs will take advantage of the free training offer.
The proposed rule would formalize a ban on the sale of new 3-wheel
ATVs. CPSC reached voluntary agreements with ATV manufacturers to stop
supplying 3-wheel ATVs to the U.S. market in 1988. The staff is not
aware of any major manufacturers that are currently supplying 3-wheel
ATVs to the U.S. market. However, the Office of Compliance has found
evidence that some 3-wheeled vehicles that meet the definition of an
ATV are being offered for sale to U.S. consumers on the internet. The
formal ban in the proposed rule is intended to ensure no manufacturer
or importer introduces a new 3-wheel ATV in the future. The ban should
not impact the current operations of any manufacturer or importer.
Retailers. ATV retailers would have some responsibilities under the
proposed rule, but none that would be expected to have a substantial
impact. The CPSC staff have not determined the total number of ATV
retail operations, but they certainly number in the thousands, a
substantial number of which could be small businesses. Many ATV
retailers are franchise operations of the larger ATV manufacturers or
distributors. Other ATV retailers purchase their inventory from ATV
importers and wholesalers. ATV retailers usually sell products in
addition to ATVs, including motorcycles, scooters, and farm equipment.
Some ATVs are offered for sale over the internet.
Each retailer will be required to prepare a ``training
certificate'' that entitles each qualified member of the purchaser's
immediate family to free ATV safety training. Additionally, the
retailer will be required to prepare and maintain records of disclosure
statements concerning age recommendations and availability of training.
The retailer will provide copies of both forms to the purchaser and the
manufacturers. The retailer and manufacturers would have to maintain
the originals in their files for 5 years after the date of the
purchase. The forms must be made available to CPSC representatives upon
request.
As discussed in sections I and J above, the cost of preparing and
filing these records is estimated to come to about $2.33 per ATV sold.
The cost of the blank forms themselves, postage, envelopes, and other
supplies might add another $0.55 to the cost. If 950,000 ATVs are sold
annually, the total recordkeeping cost on retailers will be about $2.2
million annually. The number of ATV retailers is estimated to be about
5,000. Therefore, the recordkeeping costs will average about $440 per
retailer annually.
The retailer will also be responsible for ensuring the warning
labels and hang tags specified in the proposed rule remain on the
vehicle at least until the
[[Page 45927]]
purchaser has possession of it. In addition, the retailer would be
responsible for ensuring that the safety video and owner's manual
provided by the manufacturer or importer are transferred to the
purchaser.
3. Other Federal Rules
The CPSC has not identified any Federal rule that either overlaps
or conflicts with the proposed rule. Some states require training of
ATV operators under some circumstances or require riders to wear
certain protective gear. At least one state (North Carolina) has
specified maximum engine sizes for ATVs intended for children under the
age of 16 years.
4. Alternatives to the Proposed Rule
The proposed rule would essentially mandate provisions of a
voluntary mechanical standard and certain provisions of agreements that
CPSC has negotiated with the major ATV distributors. Manufacturers and
distributors with an estimated combined market share of about 90
percent of the ATVs sold already comply with most of the provisions of
the proposed rule. Because the rules are intended to ensure that all
ATVs, distributors, and retailers meet these minimum requirements, CPSC
has not identified any alternatives that would reduce the burden on
small businesses and accomplish the goals of the proposed rule.
The option of continuing to rely on voluntary activity was
considered by the staff. However, the rapid increase in the number of
firms supplying ATVs to the market and the relative ease of entry and
exit into the market make it impractical to negotiate individual
agreements with each manufacturer and importer.
5. Summary and Conclusions
Many of the 87 or more companies that manufacture or import ATVs
into the U.S. and an unknown number of the retailers are small
entities. The proposed rule would impose some requirements on these
firms. However, the requirements are needed to ensure that all ATVs
meet some minimum safety requirements, that all ATV consumers receive
some important safety information, and that all buyers be offered the
training that is needed to safely operate ATVs. Some small entities are
already meeting many of the provisions of the proposed rule.
L. Environmental Considerations
Usually, CPSC rules establishing performance requirements are
considered to ``have little or no potential for affecting the human
environment,'' and environmental assessments are not usually prepared
for these rules (see 16 CFR 1021.5 (c)(1)). Moreover, most of the ATV
industry is already thought to be in conformance with most of the
provisions of the proposed standard. Therefore, it is unlikely that
substantial changes will be made in production practices nor will a
substantial number of products require modification or disposal.
M. Executive Order 12988 (Preemption)
As required by Executive Order 12988 (February 5, 1996), the CPSC
states the preemptive effect of the ATV regulations proposed today as
follows:
The regulations for youth ATVs are proposed under authority of the
Federal Hazardous Substances Act (FHSA). 15 U.S.C. 1261-1278. Section
18 of the FHSA provides that, generally, if the Commission issues a
rule under, or for the enforcement of, section 2(q) of the FHSA to
protect against a risk of injury associated with, among other things,
any toy or other article intended for use by children, ``no State or
political subdivision of a State may establish or continue in effect a
requirement applicable to such [article] and designed to protect
against the same risk of illness or injury unless such requirement is
identical to the requirement established under such regulations.'' 15
U.S.C. 1261n(b)(1)(B). Upon application to the Commission, a State or
local standard may be excepted from this preemptive effect if the State
or local standard (1) provides a higher degree of protection from the
risk of injury or illness than the FHSA standard and (2) does not
unduly burden interstate commerce. In addition, the Federal government,
or a State or local government, may establish and continue in effect a
non-identical requirement that provides a higher degree of protection
than the FHSA requirement for the hazardous substance for the Federal,
State or local government's own use. 15 U.S.C. 1261n(b)(2).
The proposed rule for adult ATVs is issued under authority of the
Consumer Product Safety Act (CPSA). 15 U.S.C. 2051-2084. Section 26 of
the CPSA sets out a preemption provision similar to that of the FHSA,
specifically ``whenever a consumer product safety standard under the
Act [CPSA] is in effect and applies to a risk of injury associated with
a consumer product, no State or political subdivision of a State shall
have any authority either to establish or continue in effect any
provision of a safety standard or regulation which prescribes any
requirements as to the performance, composition, contents, design,
finish, construction, packaging, or labeling of such product which are
designed to deal with the same risk of injury associated with such
consumer product, unless such requirements are identical to the
requirements of the Federal standard.'' 15 U.S.C. 2075(a). As with the
FHSA preemption provisions, an exception for products for the state or
political subdivision's own use and a petitioning procedure for an
exemption from the otherwise applicable federal standard are provided.
Thus, with the exceptions noted above, the ATV requirements
proposed in today's Federal Register would preempt non-identical state
or local requirements for ATVs designed to protect against the same
risk of injury.
N. Effective Date
The Commission proposes that these rules would become effective 180
days from publication of a final rule in the Federal Register and would
apply to all terrain vehicles manufactured or imported on or after that
date. The CPSA requires that consumer product safety rules take effect
not later than 180 days from their promulgation unless the Commission
finds there is good cause for a later date. 15 U.S.C. 2058(g)(1). Many
of the requirements proposed in these rules are substantially the same
as provisions of the ANSI/SVIA voluntary standard, which the major ATV
manufacturers currently comply with, or of the LOU agreements, which
the major ATV manufacturers have with the Commission. Therefore, the
Commission believes that a 180-day effective date is appropriate.
O. Proposed Findings
The CPSA and FHSA require the Commission to make certain findings
when issuing a consumer product safety standard or a rule under the
FHSA. The CPSA requires that the Commission consider and make findings
about the degree and nature of the risk of injury; the number of
consumer products subject to the rule; the need of the public for the
rule and the probable effect on utility, cost and availability of the
product; and other means to achieve the objective of the rule while
minimizing the impact on competition, manufacturing and commercial
practices. The CPSA also requires that the rule must be reasonably
necessary to eliminate or reduce an unreasonable risk of injury
associated with the product and issuing the rule must be in the public
interest. For a rule declaring a product a banned hazardous product,
the CPSA requires that the Commission must find that no feasible
consumer product safety standard would
[[Page 45928]]
adequately protect the public from the unreasonable risk. 15 U.S.C.
2058(f)(3).
In addition, the Commission must find that: (1) If an applicable
voluntary standard has been adopted and implemented, that compliance
with the voluntary standard is not likely to adequately reduce the risk
of injury, or compliance with the voluntary standard is not likely to
be substantial; (2) that benefits expected from the regulation bear a
reasonable relationship to its costs; and (3) that the regulation
imposes the least burdensome requirement that would prevent or
adequately reduce the risk of injury. Id.
The FHSA requires essentially similar findings concerning
unreasonable risk, voluntary standards and potential costs and
benefits. Under the FHSA, the Commission must find that some aspect of
the design or manufacture of the article it seeks to regulate presents
an unreasonable risk of injury or illness. Id. 1261(s). The Commission
must also make the findings concerning voluntary standards,
relationship of costs to benefits, and least burdensome alternative as
required by the CPSA. The findings must also be stated in the rules.
These findings are discussed below.
Degree and nature of the risk of injury. According to the
Commission's 2004 Annual Report on ATVs, the Commission has reports of
6,494 ATV-related deaths that have occurred since 1982. For 2003 alone,
an estimated 740 ATV-related deaths were reported to the Commission.
The estimated number of ATV-related injuries treated in hospital
emergency rooms in 2004 was 136,100, which is an increase of about 8
percent over the 2003 estimate. These incidents occur when the operator
of an ATV loses control of the vehicle, collides with another object,
or otherwise becomes injured or dies while riding an ATV. Many
incidents are related to behavior of the operator (such as riding on
paved roads, carrying a passenger, driving at excessive speeds).
Number of consumer products subject to the rule. The market has
increased substantially since ATVs were first introduced over thirty
years ago. In 2005, an estimated 6.9 million ATVs were in use.
The need of the public for ATVs and the effects of the rule on
their utility, cost and availability. The need of the public for ATVs
is both for recreation and for work, particularly on farms and ranches
in rural areas. The proposed rule will have minimal effect on the
utility, cost and availability of ATVs. The mechanical provisions of
the proposed rule are substantially similar to requirements of the
voluntary standard with which the major ATV manufacturers comply. Costs
should be small because the information provisions of the proposed rule
are also currently being followed by the major ATV manufacturers. With
the exception of the ban of three-wheeled ATVs, the proposed rule
should not affect the availability of ATVs. In fact, a greater variety
of youth ATVs may become more available.
Other means to achieve the objective of the rule while minimizing
the impact on competition and manufacturing. Because most ATV
manufacturers are currently complying with the ANSI/SVIA voluntary
standard and are providing the information materials the proposed rule
requires, the Commission does not believe that the proposed rule will
have much effect on competition and manufacturing. It is likely,
however, that newer entrants may need to take action to bring their
ATVs into compliance with the proposed rule. This could have the effect
of increasing the price for the newer entrants' imported ATVs. In the
future, this could reduce the number of new entrants coming into the
ATV market.
Unreasonable risk. As discussed above, the Commission has reports
of 6,494 ATV-related deaths that have occurred since 1982 and for 2003
alone, an estimated 740 ATV-related deaths were reported to the
Commission. The estimated number of ATV-related injuries treated in
hospital emergency rooms in 2004 was 136,100. The proposed rules will
establish mechanical standards for ATVs and requirements for the
provision of safety information about operating ATVs. Included in this
will be a requirement for manufacturers to provide free training. Many
ATV manufacturers are currently in compliance with many of the proposed
requirements. However, some of the additional requirements (such as
requiring the age acknowledgment form and training acknowledgment form)
or requirements that are somewhat different from current practice (such
as clearer warning statements) may better inform consumers of ATV-
related risks who may then be better able to reduce or avoid these
risks. Moreover, the mandatory requirements will cover the increasing
number of new entrants into the ATV market who are not following
current voluntary standards or other safety practices that the major
manufacturers are voluntarily following. This will reduce the risk of
injury in the future as more such new entrants may enter the market.
Public interest. These rules are in the public interest because
they may reduce ATV-related deaths and injuries in the future. Their
mandatory nature will mean that all ATV manufacturers will have to
comply with the mechanical and information requirements of the rules.
The increasing number of new entrants will make it difficult to
maintain voluntary agreements with manufacturers. By issuing mandatory
requirements, the Commission will have the authority to enforce these
requirements rather than relying on voluntary compliance.
Ban of three-wheeled ATVs. Three-wheeled ATVs are less stable and
more difficult to steer than four-wheeled ATVs. The risk of sustaining
a hospital emergency room-treated injury while operating a three-
wheeled ATV is about 3 times the risk on a similar four-wheeled ATV.
While there are many technical factors that make a four-wheeled ATV
more dynamically stable than a three-wheeled ATV, one of the largest
factors is the fourth wheel. Given the inherent difference in vehicle
configuration, the Commission does not believe it is feasible to
develop a performance standard for three-wheeled ATVs that would
improve that vehicle's stability performance to that of a four-wheeled
vehicle.
Voluntary standards. The current voluntary standard, ANSI/SVIA-1-
2001, specifies requirements for the mechanical operation of single
rider ATVs (both for adult and youth ATVs). Manufacturers are working
to incorporate requirements for tandem ATVs into the voluntary
standard. The major manufacturers appear to comply with most provisions
of the voluntary standard. However, the voluntary standard does not
contain information requirements for such things as warning labels,
owners manuals and training. Thus, compliance with the voluntary
standard alone would not be sufficient to adequately reduce or
eliminate the risk of injury. Many ATV incidents occur because of the
way the ATV is used. The Commission cannot issue requirements for how a
product should be used (e.g., requiring helmets, prohibiting children
from riding adult ATVs). To affect these behaviors the Commission must
act through requirements directing manufacturers and retailers to take
actions that inform consumers of the risks associated with ATVs and
advise consumers how they could reduce these risks.
The major manufacturers have agreed to take many of the
informational actions proposed in the rules through the LOUs they have
entered into with the Commission. The LOUs are completely voluntary. A
company could decide to change any of the actions it has agreed to at
any time.
[[Page 45929]]
Although the major manufacturers appear to be complying with the
voluntary standard and abiding by their LOUs, a growing portion of the
ATV market may not be following the voluntary standard (and is not
bound by the LOUs). These new entrants now comprise approximately 10
percent of the market. Given recent trends and the lower price of the
new entrants' products, their share of the market is likely to
increase.
Thus, the Commission finds that compliance with the ANSI/SVIA-1-
2001 voluntary standard is not likely to eliminate or adequately reduce
the risk of injury associated with ATVs, and it is unlikely that there
will be substantial compliance with the voluntary standard.
Relationship of benefits to costs. Because most manufacturers are
currently taking most of the actions that the proposed rules would
require, costs from the proposed rules are likely to be small. The
initial potential reduction of ATV-related deaths and injuries may also
be small. However, mandating the mechanical and information
requirements will mean that new entrants to the market, a group that
has recently been increasing, will have to comply with the requirements
as well. The proposed rule would impose some testing and recordkeeping
costs. The staff estimates these to be about $462,000 annually. For
many of the provisions, it is difficult to quantify benefits. However,
for the training requirement alone, the Commission estimates the
proposed provision could result in a net benefit of about $3.3 million
annually. Given that in 2004 an estimated 136,000 ATV-related injuries
were treated in hospital emergency rooms, and that an estimated 6,494
ATV-related deaths have occurred since 1982, if the proposed rule
affects even a small number of potential deaths and injuries, the
benefits would bear a reasonable relationship to the costs.
As for youth ATVs, the Commission proposes to establish categories
of youth ATVs based on maximum speed rather than engine size. This
should not impose additional costs on manufacturers because these
delineations are similar to those already in the ANSI/SVIA-1-2001
voluntary standard. However, this change could lead to a greater
variety of youth ATVs which could result in more children riding youth
ATVs rather than larger, riskier adult models. Such a movement of
children to youth ATVs could reduce ATV-related deaths and injuries
because the risk of injury for riders under the age of 16 driving adult
ATVs is about twice the risk of injury of those who are driving age-
appropriate ATVs. Additionally, the proposed change could result in
more children receiving formal training, and this too could reduce
deaths and injuries.
Least burdensome requirement. As discussed above, the proposed rule
is likely to impose only a small burden on most current ATV
manufacturers and retailers. The Commission is essentially mandating
the current practice that many manufacturers are following.
Nevertheless, the proposed rule is likely to reduce the risk of injury
associated with ATVs because it will enable the Commission to directly
enforce the provisions of the rule and will bring new entrants under
federal regulation.
P. Additional Instructions to the Staff and Request for Comments
The Commission instructs the staff to take the following actions
and invites public comment on any of the issues raised.
With regard to youth ATVs:
1. Analyze all in-depth investigation reports and any other
detailed reports of injuries we may have to children on ATVs to
determine what factors contributed to the incidents and to determine
whether additional changes could be made to the operational/handling
characteristics of youth ATVs that would reduce or eliminate injuries
and deaths due to those factors.
2. Test current youth models against one another to determine if
there are characteristics of some models that make them more stable or
otherwise less incident prone than other models.
3. Determine whether making the junior and/or pre-teen youth models
less rider interactive (lateral stability, braking systems, etc.) could
reduce or eliminate deaths and injuries on youth models.
4. Explore the feasibility of providing guidance to purchasers on
the appropriate weight of the youth model ATV in relation to the weight
of the rider and of providing guidance to manufacturers on an upper
limit on the weight of the junior and pre-teen ATVs.
5. Do research to determine if the top speed of thirty miles per
hour for the teen youth model is excessive and whether reducing the
speed would reduce or eliminate deaths and injuries on those vehicles.
6. Determine how ATV training for children in the three age groups
should be structured to maximize their ability to learn the safety
information and riding skills (for example, should we require that a
separate ATV training course for children be developed?).
7. Determine whether tandem youth ATVs are appropriate.
8. Analyze CPSC data to determine the desirability of illumination
on youth ATVs (in both daytime and nighttime situations) to reduce
deaths and injuries to riders.
With regard to ATVs in general:
1. As part of the on-going information and education campaign,
Human Factors and other staff shall work with the Office of Information
and Public Affairs to ensure that the core message that is developed
with regard to children under 16 driving ATVs is as effective as
possible. Explore whether two campaigns should be developed: One
directed to children and one directed to the parents/adult drivers.
2. Review and revise, where necessary, the incident reporting form
on the ATV Web site to solicit as much information about ATV incidents
as possible to assist staff in current and future ATV incident
evaluations.
3. Create a new tab on the ATV Web site that would contain
everything parents ought to know about ATV safety for their children.
4. Detail the plan for enforcement and monitoring of the ATV age
guidelines under the new proposal and explain how it would differ from
current practice and what additional enforcement tools it would provide
the Commission.
Q. Conclusion
For the reasons stated in this preamble, the Commission
preliminarily concludes that all terrain vehicles intended for adults
present an unreasonable risk of injury which can be reduced through the
requirements of this proposed rule. With regard to ATVs intended for
children under the age of 16, the Commission preliminarily concludes
that ATVs that do not meet the requirements specified for youth ATVs
are hazardous substances under section 2(f)(1(D) of the FHSA. The
Commission also preliminarily concludes that three-wheeled ATVs present
an unreasonable risk of injury and there is no feasible consumer
product safety standard that would adequately protect the public from
the risk of injury.
List of Subjects
16 CFR Part 1307
Consumer protection, Imports, Law enforcement, Recreation and
recreation areas, Safety.
16 CFR Part 1410
Consumer protection, Imports, Information, Labeling, Law
enforcement, Recreation and recreation areas, Reporting and
recordkeeping requirements, Safety.
[[Page 45930]]
16 CFR Part 1500
Consumer protection, Hazardous materials, Hazardous substances,
Imports, Infants and children, Labeling, Law enforcement, Toys.
16 CFR Part 1515
Consumer protection, Imports, Infants and children, Information,
Labeling, Law enforcement, Recreation and recreation areas, Reporting
and recordkeeping requirements, Safety, Youth.
For the reasons stated in the preamble, the Commission proposes to
amend Chapter II of title 16 of the Code of Federal Regulations as
follows:
1. Add part 1307 to read as follows:
PART 1307--BAN OF THREE-WHEELED ALL TERRAIN VEHICLES
Sec.
1307.1 Scope and application.
1307.2 Purpose.
1307.3 Definitions.
1307.4 Banned hazardous products.
1307.5 Findings.
1307.6 Effective date.
Authority: 15 U.S.C. 2057 and 2058.
Sec. 1307.1 Scope and application.
In this part 1307 the Consumer Product Safety Commission declares
that three-wheeled all terrain vehicles, as defined in Sec. 1307.3,
are banned hazardous products under sections 8 and 9 of the Consumer
Product Safety Act (15 U.S.C. 2057 and 2058).
Sec. 1307.2 Purpose.
The purpose of the rule in this part is to prohibit the sale of
three-wheeled all terrain vehicles. These products present an
unreasonable risk of injury as a three-wheeled ATV is inherently less
stable than an ATV with four wheels resulting in 3 times the risk of
injury compared to a four-wheeled ATV.
Sec. 1307.3 Definitions.
(a) The definitions in section 3 of the Consumer Product Safety Act
(15 U.S.C. 2052) apply to this part 1307.
(b) Three-wheeled all terrain vehicle, or three-wheeled ATV, means
a motorized vehicle that travels on three low pressure tires, has a
seat designed to be straddled by the operator, has handlebars for
steering, and is intended for off-road use on non-paved surfaces.
Sec. 1307.4 Banned hazardous products.
Any three-wheeled ATV, as defined in Sec. 1307.3(b), that is
manufactured or imported on or after [180 days from issuance of final
rule] is a banned hazardous product.
Sec. 1307.5 Findings.
(a) The degree and nature of the risk of injury. The Commission
finds that the risk of injury which the regulation in this part is
designed to eliminate or reduce is that of severe injury or death
occurring when the operator of a three-wheeled ATV loses control of the
vehicle, collides with another object, or otherwise becomes injured or
dies while riding a three-wheeled ATV. Three-wheeled ATVs are less
stable and more risky than four-wheeled ATVs. The risk of sustaining a
hospital emergency room treated injury while operating a three-wheeled
ATV is about 3 times the risk on a similar four-wheeled ATV.
(b) Products subject to the ban. Three-wheeled ATVs are motorized
vehicles that travel on three low pressure tires, have a seat designed
to be straddled by the operator, have handlebars for steering, and are
intended for off-road use on non-paved surfaces.
(c) The need of the public for three-wheeled ATVs and the effects
of the rule on their utility, cost and availability. The Commission
finds that the public's need for three-wheeled ATVs (given the
continued availability of four-wheeled ATVs) is small and that the
effect of this rule on the cost, utility, and availability of three-
wheeled ATVs will also be small. The major manufacturers of ATVs have
not sold three-wheeled ATVs in the United States since 1988. Although a
few new entrants to the market have started to offer three-wheeled
ATVs, and some models that were manufactured before 1988 are still in
use, three-wheeled ATVs are not widely available at this time. Even
before 1988, the market for three-wheeled ATVs compared to four-wheeled
ATVs was declining. In 1986, about 80 percent of ATVs sold in the
United States had four wheels. For most individuals, the utility
difference between a three-wheeled ATV and a four-wheeled ATV is
minimal. Four-wheeled ATVs will continue to be available. Except for
the fact that three-wheeled ATVs are considerably less stable than
four-wheeled ATVs, they are functionally equivalent.a1 One can use a
four-wheeled ATV in essentially the same manner as a three-wheeled ATV.
(d) Alternatives. The Commission has considered other means of
obtaining the objective of this ban, but has found none that would
adequately reduce the risk of injury. While there are many technical
factors that make a four-wheeled ATV more dynamically stable than a
three-wheeled ATV, one of the largest factors is the fourth wheel.
Given the inherent difference in vehicle configuration, the Commission
does not believe it is feasible to develop a performance standard for
three-wheeled ATVs that would improve that vehicle's stability
performance to that of a four-wheeled vehicle.
Sec. 1307.6 Effective date.
The rule in this part becomes effective [180 days from issuance of
final rule] and applies to all three-wheeled ATVs manufactured or
imported on or after that date.
2. Add part 1410 to Subchapter B to read as follows:
PART 1410--REQUIREMENTS FOR ADULT ALL TERRAIN VEHICLES
Subpart A--General Requirements
Sec.
1410.1 Purpose, scope, effective date.
1410.2 Definitions.
1410.3 Requirements in general.
1410.4 Findings.
Subpart B--Requirements for Equipment, Configuration and Performance
for Single Rider ATVs
1410.5 Equipment and configuration requirements.
1410.6 Maximum speed capability test
1410.7 Service brake performance test.
1410.8 Parking brake performance test.
1410.9 Pitch stability requirements.
Subpart C-- Requirements for Labeling, Point of Sale Information and
Instruction
1410.10 Labeling requirements.
1410.11 Hangtag requirements.
1410.12 Age acknowledgment.
1410.13 Instructional/Owner's manual.
1410.14 Safety video.
1410.15 Instructional training.
Subpart D--Requirements for Tandem ATVs
1410.16 Requirements in general for tandem ATVs.
1410.17 Equipment and configuration requirements for tandem ATVs.
1410.18 Pitch stability requirements for tandem ATVs.
1410.19 Information requirements for tandem ATVs.
Subpart E--Certification/Testing/Recordkeeping
1410.20 Certification.
1410.21 Testing.
1410.22 Recordkeeping.
Figures
Figure 1 to Part 1410--Operator Foot Environment--Plan View
Figure 2 to Part 1410--Operator Foot Environment--Front View
Figure 3 to Part 1410--Age Acknowledgment Form
Figure 4 to Part 1410--Training Acknowledgment Form
Figure 5 to Part 1410--Operator and Passenger Foot Environment--Plan
View
Figure 6 to Part 1410--Operator and Passenger Foot Environment--
Front View
Authority: 15 U.S.C. 2056-2058, 2063, 2065 and 2076(e).
[[Page 45931]]
Sec. 1410.1 Purpose, scope, effective date.
(a) Purpose. The purpose of the standard of this part is to reduce
deaths and injuries associated with adult all terrain vehicles (ATVs)
by ensuring that such ATVs meet certain technical requirements and that
consumers have sufficient safety information about operating such ATVs.
(b) Scope and effective date. All terrain vehicles, as defined in
Sec. 1410.2(a) manufactured or imported on or after [180 days after
final rule is issued] are subject to the requirements of the standard
in this part and 16 CFR Part 1307. ATVs intended for use by an operator
less than sixteen (16) years of age are subject to the requirements in
16 CFR 1500.18(a)(20) and 16 CFR part 1515.
Sec. 1410.2 Definitions.
In addition to the definitions in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052), the following definitions apply for
purposes of this part 1410.
(a) All terrain vehicle, or ATV, means a three- or four-wheeled
motorized vehicle that travels on low pressure tires, has a seat
designed to be straddled by the operator (and a passenger if provision
is made for carrying a passenger), has handlebars for steering, and is
intended for off-road use on non-paved surfaces. For purposes of this
part, all terrain vehicle, or ATV, means an ATV that is intended for
use by an operator 16 years of age or older.
(b) Footrest means a structural support for the operator's feet,
which can include footpegs and footboards.
(c) Gearshift control means a control for selecting among a number
of sets of transmission gears.
(d) Handlebar means a device used for steering and rider support
and as a place to mount hand-operated controls.
(e) Low pressure tire means a tire designed for off-road use on
ATVs, and having a recommended tire pressure of no more than 69 kPa (10
psi).
(f) Manual clutch means a device activated by the operator to
disengage the engine from the transmission.
(g) Manual fuel shutoff control means a device designed to turn the
fuel flow from the fuel tank on and off.
(h) Manufacturer means any entity that produces ATVs. For purposes
of this part 1410, an importer is a manufacturer.
(i) Mechanical suspension means a system which permits vertical
motion of an ATV wheel relative to the chassis and provides spring and
damping forces.
(j) Parking brake means a brake system which, after actuation,
holds one or more brakes continuously in an applied position without
further action.
(k) Passenger handhold means a device on a tandem ATV to be grasped
by the passenger to provide support and help maintain balance while
riding as a passenger.
(l) PIN means a Product Identification Number assigned in
accordance with Recreation Off-Road Vehicle Product Identification
Numbering System, SAE International Consortium Standard, ICS-1000,
issued 2004-9.
(m) Retailer means, for purposes of this part 1410, a person to
whom an ATV is delivered or sold for purposes of sale or distribution
by such person to a consumer.
(n) Safety alert symbol means the symbol which indicates a
potential personal injury hazard as defined in section 4.10 of ANSI
Z535.4-2002, American National Standard for Product Safety Signs and
Labels.
(o) Service brake means the primary brake system used for slowing
and stopping a vehicle.
(p) Spark arrester means an exhaust system component which limits
the size of carbon particles expelled from a tailpipe.
(q) Tandem all terrain vehicle means a motorized off-highway
vehicle designed to travel on four tires, having a seat designed to be
straddled by the operator and handlebar for steering control, and a
seating position behind the operator seat designed to be straddled by
no more than one passenger.
(r) Three-wheeled all terrain vehicle means an all terrain vehicle
as defined in paragraph (a) of this section that has three wheels.
(s) Throttle control means a control which is located on the
handlebar and is used to control engine power.
(t) VIN means a Vehicle Identification Number assigned as specified
in 49 CFR part 565.
(u) Wheelbase (L) means the longitudinal distance from the center
of the front axle to the center of the rear axle.
(v) Wheel travel means the displacement of a reference point on the
suspension (such as the wheel axle) from when the suspension is fully
extended (no force applied) to when it is fully compressed.
Sec. 1410.3 Requirements in general.
(a) Each ATV designed for use only by a single rider, shall meet
the equipment, configuration and performance requirements specified in
subpart B of this part. Each ATV designed for two riders shall meet the
equipment, configuration and performance requirements specified in
subpart D of this part. All ATVs shall meet the requirements for
labeling, point of sale information, instruction manuals, and
instructional training specified in subpart C of this part and the
recordkeeping and certification requirements specified in subpart E of
this part.
(b) Each ATV manufacturer shall comply with the requirements of
this part applicable to manufacturers. For purposes of this part, an
ATV importer is an ATV manufacturer.
(c) Each ATV retailer shall comply with the requirements of this
part applicable to retailers.
(d) In accordance with 16 CFR part 1307, any three-wheeled all
terrain vehicle as defined in Sec. 1410.2(r) which is manufactured or
imported on or after [180 days after final rule is issued] is a banned
hazardous product.
Sec. 1410.4 Findings.
(a) General. In order to issue a consumer product safety standard
under the Consumer Product Safety Act, the Commission must make certain
findings and include them in the rule. 15 U.S.C. 2058(f)(3). These
findings are discussed in this section.
(b) Degree and nature of the risk of injury. According to the
Commission's 2004 Annual Report on ATVs, the Commission has reports of
6,494 ATV-related deaths that have occurred since 1982. For 2003 alone,
an estimated 740 ATV-related deaths were reported to the Commission.
The estimated number of ATV-related injuries treated in hospital
emergency rooms in 2004 was 136,100, which is an increase of about 8
percent over the 2003 estimate. These incidents occur when the operator
of an ATV loses control of the vehicle, collides with another object,
or otherwise becomes injured or dies while riding an ATV. Many
incidents are related to behavior of the operator (such as riding on
paved roads, carrying a passenger, driving at excessive speeds).
(c) Number of consumer products subject to the rule. The market has
increased substantially since ATVs were first introduced over thirty
years ago. In 2005, an estimated 6.9 million ATVs were in use.
(d) The need of the public for ATVs and the effects of the rule on
their utility, cost and availability. The need of the public for ATVs
is both for recreation and for work, particularly on farms and ranches
in rural areas. The proposed rule will have minimal effect on the
utility, cost and availability of ATVs. The mechanical provisions of
the proposed rule are substantially similar to requirements of the
voluntary
[[Page 45932]]
standard with which the major ATV manufacturers comply. Costs should be
small because the information provisions of the proposed rule are also
currently being followed by the major ATV manufacturers. With the
exception of the ban of three-wheeled ATVs, the proposed rule should
not affect the availability of ATVs. In fact, a greater variety of
youth ATVs may become more available.
(e) Other means to achieve the objective of the rule while
minimizing the impact on competition and manufacturing. Because most
ATV manufacturers are currently complying with the ANSI/SVIA-1-2001
voluntary standard and are providing the information materials the
proposed rule requires, the Commission does not believe that the
proposed rule will have much effect on competition and manufacturing.
It is likely, however, that newer entrants may need to take action to
bring their ATVs into compliance with the proposed rule. This could
have the effect of increasing the price for the newer entrants''
imported ATVs. In the future, this could reduce the number of new
entrants coming into the ATV market.
(f) Unreasonable risk. As noted in paragraph (b) of this section,
the Commission has reports of 6,494 ATV-related deaths that have
occurred since 1982, and an estimated 740 ATV-related deaths were
reported to the Commission for 2003 alone. The proposed rules will
establish mechanical standards for ATVs and requirements for the
provision of safety information about operating ATVs. Included in this
will be a requirement for manufacturers to provide free training. Many
ATV manufacturers are currently in compliance with many of the proposed
requirements. However, some of the additional requirements (such as
requiring the age acknowledgment form and training acknowledgment form)
or requirements that are somewhat different from current practice (such
as clearer warning statements) may better inform consumers of ATV-
related risks who may then be better able to reduce or avoid these
risks. Moreover, the mandatory requirements will cover the increasing
number of new entrants into the ATV market who are not following
current voluntary standards or other safety practices that the major
manufacturers are voluntarily following. This will reduce the risk of
injury in the future as more such new entrants may enter the market.
(g) Public interest. These rules are in the public interest because
they may reduce ATV-related deaths and injuries in the future. Their
mandatory nature will mean that all ATV manufacturers will have to
comply with the mechanical and information requirements of the rules.
The increasing number of new entrants will make it difficult to
maintain voluntary agreements with manufacturers. By issuing mandatory
requirements, the Commission will have the authority to enforce these
requirements rather than relying on voluntary compliance.
(h) Voluntary standards. The current voluntary standard, ANSI/SVIA-
1-2001, specifies requirements for the mechanical operation of single
rider ATVs (both for adult and youth ATVs). Manufacturers will be
working to incorporate requirements for tandem ATVs into the voluntary
standard. The major manufacturers appear to comply with most provisions
of the voluntary standard. The voluntary standard does not contain
information requirements for such things as warning labels, owners
manuals and training. Thus, compliance with the voluntary standard
alone would not be adequate to eliminate the risk of injury. Many ATV
incidents occur because of the way the ATV is used. The Commission
cannot issue requirements for how a product should be used (e.g.,
requiring helmets, prohibiting children from riding adult ATVs). To
affect these behaviors the Commission must act through requirements
directing manufacturers and retailers to take actions that inform
consumers of the risks associated with ATVs and advise consumers how
they could reduce these risks. Although the major manufacturers have
agreed to take many of the informational actions proposed in the rules
through the Letters of Undertaking (``LOUs'') that they have entered
into with the Commission, the LOUs are completely voluntary, and a
company could decide to change any of the actions it has agreed to at
any time. Although the major manufacturers appear to be complying with
the voluntary standard and abiding by their LOUs, a growing portion of
the ATV market may not be following the voluntary standard (and is not
bound by the LOUs). These new entrants now comprise approximately 10
percent of the market. Given recent trends and the lower price of the
new entrants'' products, their share of the market is likely to
increase. Thus, the Commission finds that compliance with the ANSI/
SVIA-1-2001 voluntary standard is not likely to eliminate or adequately
reduce the risk of injury associated with ATVs, and it is unlikely that
there will be substantial compliance with the voluntary standard.
(i) Relationship of benefits to costs. Because most manufacturers
are currently taking most of the actions that the proposed rules would
require, costs from the proposed rules are likely to be small. The
initial potential reduction of ATV-related deaths and injuries may also
be small. However, mandating the mechanical and information
requirements will mean that new entrants to the market, a group that
has recently been increasing, will have to comply with the requirements
as well. The proposed rule would impose some testing and recordkeeping
costs. The staff estimates these to be about $462,000 annually. For
many of the provisions, it is difficult to quantify benefits. However,
for the training requirement alone, the Commission estimates the
proposed provision could result in a net benefit of about $3.3 million
annually. Given that in 2004 an estimated 136,000 ATV-related injuries
were treated in hospital emergency rooms, and that an estimated 6,494
ATV-related deaths have occurred since 1982, if the proposed rule
affects even a small number of potential deaths and injuries, the
benefits would bear a reasonable relationship to the costs.
(j) Least burdensome requirement. The proposed rule is likely to
impose only a small burden on ATV manufacturers and retailers. The
Commission is essentially mandating the current practice that many
manufacturers are following. Nevertheless, the proposed rule is likely
to reduce the risk of injury associated with ATVs because it will
enable the Commission to directly enforce the provisions of the rule
and will bring new entrants under federal regulation.
Subpart B--Requirements for Equipment, Configuration and
Performance for Single Rider ATVs
Sec. 1410.5 Equipment and configuration requirements.
(a) Service brakes. All ATVs shall have either independently-
operated front and rear brakes, or front and rear brakes that are
operated by a single control, or both. These brakes shall meet the
requirements of Sec. 1410.7.
(b) Parking brake. All ATVs shall have a parking brake capable of
holding the ATV stationary under prescribed conditions. The parking
brake shall meet the performance requirements of Sec. 1410.8.
(c) Mechanical suspension. All ATVs shall have mechanical
suspension for all wheels. Each wheel shall have a minimum wheel travel
of 50 mm (2 inches). Springing and damping
[[Page 45933]]
properties shall be provided by components other than the tire.
(d) Engine stop switch. All ATVs shall have an engine stop switch
which is operable by the thumb without removing the hand from the
handlebar. The engine stop switch shall not require the operator to
hold it in the off position to stop the engine.
(e) Manual clutch control. All ATVs equipped with a manual clutch
shall have a clutch lever which is operable without removing the hand
from the handlebar.
(f) Throttle control. All ATVs shall be equipped with a means of
controlling engine power through a throttle control. The throttle
control shall be operable without removing the hand from the handlebar.
The throttle control shall be self-closing to an idle position upon
release of the operator's hand from the control.
(g) Drivetrain controls. (1) Manual transmission gearshift control.
All ATVs equipped with a manual transmission gearshift control shall
have the control located so that it is operable by the operator's left
foot or left hand.
(i) Operation of a foot gearshift control. If equipped with a foot
gearshift control, an upward motion of the operator's toe shall shift
the transmission toward higher (lower numerical gear ratio) gears, and
a downward motion toward lower gears. If equipped with a heel-toe
(rocker) shifter, an upward motion of the toe or a downward motion of
the heel shall shift the transmission toward higher gears and a
downward motion of the toe toward lower gears.
(ii) Operation of a hand gearshift control. If equipped with a hand
gearshift control, moving a control upward or depressing the upper
portion of the control shall shift the transmission toward higher
(lower numerical gear ratio) gears, and moving the control downward or
depressing the lower portion of the control shall shift the
transmission toward lower gears.
(iii) Gear selection. If three or more gears are provided, it shall
not be possible to shift from the highest gear directly to the lowest
gear, or vice versa.
(2) Directional/Range controls. Controls for selecting forward,
neutral, or reverse or for selecting overall transmission ranges, or
for selecting the differential drive (2-wheel or 4-wheel) shall have a
defined shift pattern viewable by the operator.
(3) Neutral indicator. All ATVs with a neutral position shall have
either a neutral indicator readily visible to the operator when seated
on the ATV or a means to prevent starting of the ATV unless the
transmission is in the neutral position. The indicator, if provided,
shall be activated whenever the ignition system is on and the
transmission is in neutral.
(4) Reverse indicator. All ATVs with a reverse position shall have
a reverse indicator readily visible to the operator when the operator
is seated on the ATV. The indicator shall be activated whenever the
engine is running and the transmission is in reverse.
(5) Electric start interlock. An interlock shall be provided to
prevent the ATV engine from being started by electric cranking unless
the transmission is in neutral or park, or the brake is applied.
(h) All ATVs shall have a means for allowing the presence of the
ATV to be visible during daylight hours over an obstacle with a height
of six (6) feet located directly adjacent to the ATV.
(i) Manual fuel shutoff control. If an ATV is equipped with a
manual fuel shutoff control, the device shall be operable as prescribed
in 49 CFR 571.123, Table 1.
(j) Handlebars. The handlebar and its mounting shall present no
rigid materials with an edge radius of less than 3.2 mm (0.125 inch)
that may be contacted by a probe in the form of a 165 mm (6.5 inch)
diameter sphere. The probe shall be introduced to the handlebar
mounting area. It shall not be possible to touch any part of any edge
that has a radius of less than 3.2 mm (0.125 inch) with any part of the
probe. A handlebar crossbar, if provided, shall be equipped to minimize
contact injuries.
(k) Operator foot environment. All ATVs shall have a structure or
other design feature which meets the requirements of paragraphs (k)(1)
through (4) of this section.
(1) Test procedure. Compliance shall be determined by introduction
of a probe, whose end is a rigid flat plane surface 75 mm (3 inches) in
diameter, in the prescribed direction to the zones as described in
paragraphs (k)(2) and (3) of this section and as shown in Figures 1 and
2 of this part, or in the case of a tandem ATV, Figures 5 and 6 of this
part.
(i) Inserting probe vertically and downward. The probe shall be
introduced end-first in a vertical and downward direction to the zone
described in paragraph (k)(2) of this section and shown by the shaded
portion of Figure 1 of this part, or in the case of a tandem ATV, the
shaded portion of Figure 5. The end of the probe in its entirety shall
remain within the limits of the zone. It shall not penetrate the zone
sufficiently to touch the ground when applied with a force of 445 N
(100 lbf).
(ii) Inserting probe horizontally and rearward. The probe shall be
introduced end-first in a horizontal and rearward direction to the zone
described in paragraph (k)(3) of this section and shown by the shaded
portion of Figure 2 of this part, or in the case of a tandem ATV, the
shaded portion of Figure 6 of this part. The end of the probe in its
entirety shall remain within the limits of the zone. It shall not
penetrate the zone sufficiently to touch the rear tire when applied
with a force of 90 N (20 lbf).
(2) Boundaries of zone in Figure 1 of this part. The zone shown in
Figure 1 of this part, or in the case of a tandem ATV, Figure 5 of this
part, is defined as bounded by:
(i) The vertical projection of the rear edge of the footrest.
(ii) The vertical plane (line AA) parallel to the ATV's
longitudinal plane of symmetry that passes through the inside edge of
the footrest.
(iii) The vertical projection of the intersection of a horizontal
plane passing through the top surface of the footrest and the rear
fender or other structure.
(iv) The vertical plane passing through point D and tangent to the
outer front surface of the rear tire.
(A) For footpegs point D is defined as the intersection of the
lateral projection of the rearmost point of the footpeg and the
longitudinal projection of the outermost point of the footpeg.
(B) For footboards point D is defined as the intersection of 2
lines. The first is a line perpendicular to the vehicle longitudinal
plane of symmetry and one-third of the distance from the front edge of
the rear tire to the rear edge of the front tire. The second is a line
parallel to the ATV's longitudinal plane of symmetry and one-half the
distance between the inside edge of the footboard and the outside
surface of the rear tire.
(3) Boundaries of zone in Figure 2 of this part. The zone shown in
Figure 2 of this part is defined as bounded by:
(i) The horizontal plane passing through the lowest surface of the
footrest on which the operator's foot (boot) rests (plane F), or in the
case of a tandem ATV, the passenger's foot (boot) rests (Plane G,
Figure 6 of this part).
(ii) The vertical plane (line AA) parallel to the ATV's
longitudinal plane of symmetry that passes through the inside edge of
the footrest.
(iii) The horizontal plane 100 mm (4 inches) above plane F, or in
the case of a tandem ATV, plane G, Figure 6 of this part.
[[Page 45934]]
(iv) The vertical plane (line BB) parallel to the ATV's
longitudinal plane of symmetry and 50 mm (2 inches) inboard of the
outer surface of the rear tire.
(4) Requirements for ATVs with non-fixed structure. All ATVs
equipped with a non-fixed type (for example, foldable, removable or
retractable) structure intended to meet the requirements of this
paragraph (k) shall be equipped with one or more of the following:
(i) A warning device (for example, a buzzer or indicator) to
indicate that the structure is not in the position needed to comply
with the requirements of this paragraph (k).
(ii) A device to prevent the ATV from being operated under its own
power if the structure is not in the position needed to comply with the
requirements of this paragraph (k).
(iii) A structure that can be folded, retracted, or removed, such
that when the structure is folded, retracted, or removed, the ATV
cannot be operated using the footrest in the normal manner.
(l) Lighting equipment--(1) Requirement. All ATVs shall have at
least one headlamp projecting a white light to the front of the ATV, at
least one tail lamp projecting a red light to the rear, and at least
one stop lamp or combination tail/stop lamp. The stop lamp shall be
illuminated by the actuation of any service brake control.
(2) Specifications. Headlamps shall conform to Surface Vehicle
Recommended Practice, All Terrain Vehicle Headlamps, SAE J1623 FEB94;
and tail lamps shall conform to Surface Vehicle Standard, Tail Lamps
(Rear Position Lamps) for Use on Motor Vehicles Less than 2032 mm in
Overall Width, SAE J585 MAR00. Stop lamps shall conform to Surface
Vehicle Standard, Stop Lamps for Use on Motor Vehicles Less than 2032
mm in Overall Width, SAE J586 MAR00 or Surface Vehicle Recommended
Practice, Snowmobile Stop Lamp, SAE J278 MAY95.
(m) Spark arrester. All ATVs shall have a spark arrester of a type
that is qualified according to the United States Department of
Agriculture Forest Service Standard for Spark Arresters for Internal
Combustion Engines, 5100-l c, September 1997 or, Surface Vehicle
Recommended Practice, Spark Arrester Test Procedure for Medium Size
Engines, SAE J350 JAN91.
(n) Tire marking. All ATV tires shall carry the following markings:
(1) Inflation pressure. Both tire sidewalls shall he marked with
the operating pressure or the following statement, or an equivalent
message: ``SEE VEHICLE LABEL OR OWNER'S MANUAL FOR OPERATING
PRESSURE.'' The messages required by this paragraph shall be in capital
letters not less than 4 mm (0.156 inch) in height.
(2) Bead seating pressure. Both tire sidewalls shall be marked with
the following statement, or an equivalent message: ``Do Not Inflate
Beyond **psi (**kPa) When Seating Bead.''
(3) Other Markings. Both tire sidewalls shall have the following
information:
(i) The manufacturer's name or brand name.
(ii) On one tire sidewall, the three-digit week and year of
manufacture in the form prescribed at 49 CFR 574.5(d), fourth grouping.
(iii) The size nomenclature of the tire (for example, AT 22 x 10-
9\*\) as standardized by the Tire and Rim Association, Inc. or the
Japan Automobile Tire Manufacturers Association, Inc.
(iv) The word ``tubeless'' for a tubeless tire.
(v) The phrase ``Not For Highway Use'' or ``Not For Highway
Service.''
(4) Letter sizes. The information required by paragraphs (n)(2) and
(3) of this section shall be in letters or numerals no less than 2 mm
(.078 inch) in height.
(o) Tire pressure. All ATVs shall be provided with a means to
verify that the pressures within each tire are within the recommended
range(s).
(p) Security. All ATVs shall have a means to deter unauthorized use
of the ATV.
(q) Vehicle Identification Number (VIN) or Product Identification
Number (PIN). Each ATV shall have prominently displayed on the ATV a
unique VIN assigned by its manufacturer in accordance with 49 CFR Part
565 or a unique PIN in accordance with Recreation Off-Road Vehicle
Product Identification Numbering System, SAE International Consortium
Standard, ICS-1000, issued 2004-9. If the ATV has a VIN number, the
characters in location 4 and 5 of the number shall be ``A'' and ``T'',
respectively. The VIN or PIN label shall meet the durability
requirements, including exposure conditions for outdoor use, of UL
Standard for Safety for Marking and Labeling Systems, Underwriters
Laboratories Standard UL 969, fourth edition, October 3, 1995.
Sec. 1410.6 Maximum speed capability test.
(a) Test conditions. Test conditions shall be as follows:
(1) ATV test weight shall be the unloaded ATV weight plus the
vehicle load capacity (including test operator and instrumentation),
with any added weight secured to the seat or cargo area(s) if so
equipped.
(2) Tires shall be inflated to the pressures recommended by the ATV
manufacturer for the vehicle's test weight.
(3) The test surface shall be clean, dry, smooth and level
concrete, or equivalent.
(b) Test procedure. Measure the maximum speed capability of the ATV
using a radar gun or equivalent method. The test operator shall
accelerate the ATV until maximum speed is reached, and shall maintain
maximum speed for at least 30.5 m (100 ft). Speed measurement shall be
made when the ATV has reached a stabilized maximum speed. A maximum
speed test shall consist of a minimum of two measurement test runs
conducted over the same track, one each in opposite directions. If more
than two measurement runs are made there shall be an equal number of
runs in each direction. The maximum speed capability of the ATV shall
be the arithmetic average of the measurements made. A reasonable number
of preliminary runs may be made prior to conducting a recorded test.
Sec. 1410.7 Service brake performance test.
(a) Test conditions. Test conditions shall be as follows.
(1) The ATV shall be tested at the appropriate test weight
prescribed in this paragraph (a)(1). The ATV test weight shall be the
unloaded vehicle weight plus the vehicle load capacity (including test
operator and instrumentation) with any added weight secured to the seat
or cargo area(s) (if equipped).
(2) Tires shall be inflated to the pressures recommended by the ATV
manufacturer for the vehicle test weight.
(3) Engine idle speed and ignition timing shall be set according to
the manufacturer's recommendations.
(4) Ambient temperature shall be between 0[deg]C (32[deg]F) and
38[deg]C (100[deg] F).
(5) The test surface shall be clean, dry, smooth and level
concrete, or equivalent.
(6) Any removable speed limiting devices shall be removed and any
adjustable speed limiting devices shall be adjusted to provide the
ATV's maximum speed capability.
(b) Test procedure. The test procedure shall be as follows:
(1) Measure the maximum speed capability of the ATV in accordance
with Sec. 1410.6. Determine the braking test speed (V). The braking
test speed is the speed that is the multiple of 8 km/h (5 mph), which
is 6 km/h (4 mph) to
[[Page 45935]]
13 km/h (8 mph) less than the maximum speed capability of the ATV.
(2) Burnish the front and rear brakes by making 200 stops from the
braking test speed. Stops shall be made by applying front and rear
service brakes simultaneously, and braking decelerations shall be from
1.96 m/s\2\ to 4.90 m/s\2\ (0.2 g to 0.5 g).
(3) After burnishing, adjust the brakes according to the
manufacturer's recommendation.
(4) Make six stops from the braking test speed. Stops shall be made
by applying the front and rear service brakes simultaneously, and
braking decelerations shall be from 1.96 m/s\2\ to 4.90 m/s\2\ (0.2 g
to 0.5 g).
(5) Make four stops from the braking test speed, applying the front
and rear service brakes. Measure the speed immediately before the
service brakes are applied. Appropriate markers or instrumentation
shall be used which will accurately indicate the point of brake
application. Measure the stopping distance (S).
(i) Hand lever brake actuation force shall be not less than 22 N (5
lbf) and not more than 133 N (30 lbf) and foot pedal brake actuation
force shall be not less than 44 N (10 lbf) and not more than 222 N (50
lbf).
(ii) The point of initial application of lever force shall be 25 mm
(1.0 in.) from the end of the brake lever. The direction of lever force
application shall be perpendicular to the handle grip in the plane in
which the brake lever rotates. The point of application of pedal force
shall be the center of the foot contact pad of the brake pedal, and the
direction of force application shall be perpendicular to the foot
contact pad and in the plane in which the brake pedal rotates.
(c) Performance requirements. (1) For ATVs with maximum speed
capability of 29 km/h (18 mph) or less, at least one of the four stops
required by paragraph (b)(5) of this section shall comply with the
relationship:
S <= V/5.28
Where:
S = brake stopping distance (m)
V = braking test speed (km/hr)
S <= V
Where:
S = brake stopping distance (ft)
V = braking test speed (mph)
(2) For ATVs with maximum speed capability of greater than 29 km/h
(18 mph), at least one of the four stops required by paragraph (b)(5)
of this section shall have an average braking deceleration of 5.88 m/s2
(0.6 g) or greater. Average braking deceleration can be determined
according to the following formulae: \1\
---------------------------------------------------------------------------
\1\ Direct on-board instrumentation may be used to acquire any
measurement data.
---------------------------------------------------------------------------
a = V\2\/25.92S
Where:
a = average deceleration (m/s2)
S = brake stopping distance (m)
V = braking test speed (km/h)
a = [(.033) x V\2\]/S
Where:
a = average deceleration (g)
S = brake stopping distance (ft)
V = braking test speed (mph)
Sec. 1410.8 Parking brake performance test.
(a) Test conditions. Test conditions shall be as follows:
(1) ATV test weight shall be the unloaded ATV weight plus weight
secured to the seat or cargo area(s) (if equipped), which is equal to
the manufacturer's stated vehicle load capacity.
(2) Tires shall be inflated to the pressures recommended by the ATV
manufacturer for the vehicle test weight.
(3) The test surface shall be clean, dry, smooth concrete or
equivalent, having a 30 percent grade.
(b) Test procedure. The test procedure shall be as follows:
(1) Burnish the service brakes according to the procedure specified
in Sec. 1410.7(b)(2) if service brakes are used as part of the parking
brake.
(2) Adjust the parking brake according to the procedure recommended
by the ATV manufacturer.
(3) Position the ATV facing downhill on the test surface, with the
longitudinal axis of the ATV in the direction of the grade. Apply the
parking brake and place the transmission in neutral and leave the ATV
undisturbed for 5 minutes. Repeat the test with the ATV positioned
facing uphill on the test surface.
(c) Performance requirements. When tested according to the
procedure specified in paragraph (b) of this section, the parking brake
shall be capable of holding the ATV stationary on the test surface, to
the limit of traction of the tires on the braked wheels, for 5 minutes
in both uphill and downhill directions.
Sec. 1410.9 Pitch stability requirements.
(a) Test conditions. Test conditions shall be as follows:
(1) The ATV shall be in standard condition, without accessories.
The ATV and components shall be assembled and adjusted according to the
manufacturer's instructions and specifications.
(2) Tires shall be inflated to the ATV manufacturer's recommended
settings for normal operation. If more than one pressure is specified,
the highest value shall be used.
(3) All fluids shall be full (oil, coolant, and the like), except
that fuel shall be not less than three-fourths full. ATV shall be
unladen, with no rider, cargo, or accessories.
(4) Steerable wheels shall be held in the straight ahead position.
(5) Adjustable suspension components shall be set to the values
specified at the point of delivery to the dealer.
(6) Suspension components shall be fixed by means of a locking
procedure such that they remain in the same position and displacement
as when the unladen ATV is on level ground, and in the conditions
specified in paragraphs (a)(1) through (5) of this section.
(b) Test procedure. The test procedure shall be as follows:
(1) Calculations based on vehicle metrics:
(i) Measure and record the wheelbase (L). The measurement of this
length shall be done with an accuracy of 5 mm ( 0.2 inch) or 0.5%, whichever is greater.
(ii) Measure and record the front and rear weights, (Wf
and Wr, respectively). Wf is the sum of the front
tire loads; and Wr is the sum of the rear tire loads with
the ATV level and in the condition specified in subsection (a) of this
section. The measurements of these weights shall be done with an
accuracy of 0.5 kg ( 1.1 lb) or
0.5%, whichever is greater.
(iii) Using the values obtained in paragraphs (b)(1)(i) and (ii) of
this section, compute and record the quantity as follows: L1
= (Wf/( Wf + Wr)) x L.
(iv) Measure and record the vertical height between the rear axle
center and the ground (Rr). This measurement shall be done
on level ground, with the ATV in the conditions specified in subsection
(a) of this section, with an accuracy of 3 mm ( 0.1 inch) or 1.5%, whichever is greater.
(v) Measure and record the balancing angle alpha. The procedure for
obtaining this value is as follows: with the ATV on a level surface,
the front of the vehicle shall be rotated upward about the rear axle
without setting the rear parking brake or using stops of any kind,
until the ATV is balanced on the rear tires. The balancing angle alpha
through which the ATV is rotated shall be measured and recorded with an
accuracy of 0.5 degrees. If an assembly protruding from
the rear of the ATV, such as a carry bar or trailer hitch or hook,
interferes with the ground surface, so as to not allow a balance to be
[[Page 45936]]
reached, the vehicle shall be placed on blocks of sufficient height to
eliminate the interference.
(vi) Repeat the measurement in paragraph (b)(1)(v) of this section
and determine if the two individual measurements are within 1.0 degree
of each other. If they are not, repeat the measurements two more times
and compute the average of the four individual measurements, and use
that as the value.
(2) Tilt table procedure. The ATV shall be placed on a variable
slope single-plane tilt table. The steerable wheels shall be straight
forward. The ATV shall be positioned on the tilt table with its
longitudinal center line perpendicular to the tilt axis of the table
and its rear positioned downhill. The table shall be tilted until lift-
off of the upper tire(s) occurs. Measure the angle at which lift-off of
the upper wheel(s) occurs. Lift-off shall have occurred when a strip of
20-gauge steel [approximately 1 mm (.039 inch) thick], 76 mm (3 inch)
minimum width, can be pulled from or moved under the second uphill tire
to lift with a force of 9 N (2 lb) or less.
(c) Performance requirements--(1) Computation from vehicle metrics.
Using the values obtained in paragraphs (b)(1)(iii), (b)(1)(iv), and
(b)(1)(vi) of this section, compute the pitch stability coefficient as
follows: Kp = (L1 tan alpha)/(L1 +
Rr tan alpha).
(2) Computation from tilt table. The pitch stability coefficient
Kp is the tangent of the tilt table angle.
(3) Requirement. The pitch stability coefficient Kp
calculated according to paragraph (c)(2) of this section shall be at
least 1.0.
Subpart C--Requirements for Labeling, Point of Sale Information and
Instruction
Sec. 1410.10 Labeling requirements.
(a) General warning label. (1) Each ATV shall have affixed to it a
general warning label in English that meets the requirements of this
section.
(2) Content. The general warning label shall display the safety
alert symbol and the word ``WARNING'' in capital letters.
The label shall contain the following, or substantially equivalent,
statements. They may be arranged on the label to place the prohibited
actions together and the required actions together.
``THIS VEHICLE CAN BE HAZARDOUS TO OPERATE. A collision or
rollover can occur quickly, even during routine maneuvers such as
turning and driving on hills or over obstacles, if you fail to take
proper precautions.''
``SEVERE INJURY OR DEATH can result if you do not follow these
instructions:''
``BEFORE YOU OPERATE THIS ATV, READ THE OWNER'S MANUAL AND ALL
LABELS.''
``NEVER OPERATE THIS ATV WITHOUT PROPER INSTRUCTION. Beginners
should complete a training course.''
``NEVER CARRY A PASSENGER ON THIS ATV. You increase your risk of
losing control if you carry a passenger.''
``NEVER OPERATE THIS ATV ON PAVED SURFACES. You increase your
risk of losing control if you operate this ATV on pavement.''
``NEVER OPERATE THIS ATV ON PUBLIC ROADS. You can collide with
another vehicle if you operate this ATV on a public road.''
``ALWAYS WEAR AN APPROVED MOTORCYCLE HELMET, eye protection, and
protective clothing.''
``NEVER CONSUME ALCOHOL OR DRUGS before or while operating this
ATV.''
``NEVER OPERATE THIS ATV AT EXCESSIVE SPEEDS. You increase your
risk of lowing control if you operate this ATV at speeds too fast
for the terrain, visibility conditions, or your experience.''
``NEVER ATTEMPT WHEELIES, JUMPS, OR OTHER STUNTS.''
(3) Format. The color scheme, typeface and formatting of the label
shall be consistent with ANSI Z535.4 (American National Standard for
Product Safety Signs and Labels (2002).
(4) Location. This label shall be affixed to the left front fender
so it is easily visible in its entirety to the operator when seated on
the vehicle in the proper operating position. If this location is not
available for a particular ATV, the label shall be affixed to the right
front fender so as to be easily read by the operator when seated in the
ATV in the proper operating position.
(b) Age recommendation warning label. (1) Each ATV shall have
affixed an age recommendation warning label in English that meets the
requirements of this section.
(2) Content. The age recommendation warning label shall display the
safety alert symbol and the word ``WARNING'' in capital letters. The
label shall have a circle with a slash through it with the words
``under 16'' inside the circle. Below the circle, the label shall
contain the following, or substantially equivalent, statements:
``Even youth with ATV experience have immature judgment and
should never drive an adult ATV.
Letting children under the age of 16 operate this ATV increases
their risk of severe injury or death.
NEVER let children under age 16 operate this ATV.''
(3) Format. The color scheme, typeface and formatting of the label
shall be consistent with ANSI Z535.4 (2002).
(4) Location. This label shall be affixed to the fuel tank so it is
visible in its entirety to the operator when seated on the vehicle in
the proper operating position. If this location is not available for a
particular ATV, or, if affixed at this location the label will not meet
the durability requirement of paragraph (e) of this section, the label
shall be placed on the front fender above the label required by
paragraph (a) of this section so that it is visible in its entirety to
the operator. If this location is not available for a particular ATV,
the label shall be placed on the vehicle body immediately forward of
the seat so it is visible in its entirety to the operator when seated
on the vehicle in the proper operating position.
(c) Passenger warning label. (1) Each ATV shall have affixed a
passenger warning label in English that meets the requirements of this
section.
(2) Content. The passenger warning label shall display the safety
alert symbol and the word ``WARNING'' in capital letters. The label
shall contain the following, or substantially equivalent, statements:
``Passengers can affect ATV balance and steering. The resulting
loss of control can cause SEVERE INJURY or DEATH.
NEVER ride on this ATV as a passenger.''
(3) Format. The color scheme, typeface and formatting of the label
shall be consistent with ANSI Z535.4 (2002).
(4) Location. This label shall be affixed either to a flat surface
of the vehicle body located to the rear of the seat and toward the
center of the vehicle, or to the rear portion of the vehicle seat
itself. If neither of these locations is available for a particular
vehicle, the label shall be affixed to the left rear fender or the left
side of the body so as to be easily seen by a potential passenger.
(d) Tire pressure and overload warning label(s). (1) Each ATV shall
have affixed a label or labels in English that meet the requirements of
this section warning against improper air pressure in the ATV's tires
and against overloading. Manufacturers may affix one warning label
addressing both hazards.
(2) Content. The label(s) shall contain the safety alert symbol and
the signal word ``WARNING'' in capital letters. Every label warning
about improper tire pressure shall contain a statement indicating the
recommended tire pressure, either on the label or by reference to the
owner's manual and/or the tires. Every label warning against
overloading shall contain a statement indicating the maximum weight
capacity for the ATV model.
(i) If a manufacturer uses separate tire pressure and overloading
labels, the
[[Page 45937]]
label to warn of tire pressure shall contain the following, or
substantially equivalent, statements:
--``Improper tire pressure can cause loss of control. Loss of
control can result in severe injury or death.''
(ii) If a manufacturer uses separate tire pressure and overloading
labels, the label to warn of overloading hazards shall contain the
following, or substantially equivalent, statements:
--``Overloading can cause loss of control. Loss of control can
result in severe injury or death.''
(iii) If a manufacturer uses one label for both tire pressure and
overloading warnings, the label shall contain the following, or
substantially equivalent, statements:
``Improper tire pressure or overloading can cause loss of
control.
Loss of control can result in severe injury or death.''
(3) Format. The color scheme, typeface and formatting of the label
shall be consistent with ANSI Z535.4 (2002).
(4) Location. The label(s) shall be affixed to the left rear fender
above the axle, facing outward in such a position that it (they) can be
read by the operator when mounting the vehicle.
(e) Label durability requirements. Each label required or permitted
by this section shall meet the standards for durability in UL Standard
for Safety for Marking and Labeling Systems, Underwriters Laboratories
Standard UL 969, fourth edition, October 3, 1995.
(f) Discretionary labels. Hazard labels in addition to those
specified in paragraphs (a) through (d) of this section may be affixed
to the vehicle provided that:
(1) The discretionary labels are consistent with ANSI Z535.4
(2002); and
(2) Discretionary labels shall be affixed to ATVs in an appropriate
location that does not detract from the mandatory labels required in
paragraphs (a) through (d) of this section.
Sec. 1410.11 Hangtag requirements.
(a) Each ATV shall be equipped at the point of sale with a hang tag
in English that, at a minimum, contains:
(1) The contents of the general warning label described in Sec.
1410.10(a);
(2) The statement--``This hang tag is not to be removed before
sale''--; and
(3) The statement--``Check with your dealer to find out about state
or local laws regarding ATV operation.''
(b) Each hang tag shall be attached to the ATV in such a manner as
to be conspicuous and removable only with deliberate effort.
(c) Each hang tag shall be at least 4 by 6 inches.
1410.12 Age acknowledgment.
(a) General. Prior to the sales transaction, the retailer shall
provide the purchaser of each ATV with an age acknowledgment in the
form shown in figure 3 of this part.
(b) Signature. Prior to the sales transaction, the retailer shall
require that the purchaser of the ATV sign the age acknowledgment
representing that the purchaser has read and understood the age
acknowledgment.
(c) Copies/retention. The retailer shall provide the purchaser of
the ATV and the manufacturer of the ATV with a copy of the signed age
acknowledgment. The retailer shall retain the signed original of the
age acknowledgment for a minimum of five (5) years after the date of
the purchase of the ATV to which it pertains. The manufacturer shall
retain the copy of the age acknowledgment for a minimum of five (5)
years after the date of the purchase of the ATV to which it pertains.
Sec. 1410.13 Instructional/Owner's manual.
(a) General. (1) Each ATV shall be provided at the point of sale
with an instructional/owner's manual that meets the requirements of
this section. All ATVs shall be equipped with a means of carrying the
manual that protects it from destructive elements while allowing
reasonable access.
(2) Each manual shall be written in English and shall be written
and designed in a manner reasonably calculated to convey information
regarding safe operation and maintenance of the vehicle to persons who
read such manual.
(3) Each manual shall be written in plain, simple language so as to
be readily comprehended by the average seventh grader, as measured by a
standard technique for assessing the readability of written materials.
(4) Information in each manual shall be presented in a meaningful
sequence designed to permit readers to understand the information
presented and appreciate its significance.
(5) Each manual shall be consistent with other safety messages
required by this part, including those contained in warning labels,
hang tags, and the safety video.
(6) Each manufacturer shall retain a copy of the manual for each
model until five years after the model has ceased to be in production.
The manufacturer shall make the manual available to CPSC upon request.
(b) Contents. Each manual shall contain--
(1) A statement on the outside front cover that, at a minimum,
alerts the reader that the manual contains important safety information
which should be read carefully.
(2) A statement on the outside front cover stating that the ATV is
intended for operators 16 years of age or older.
(3) Definitions for ``warning'' and ``caution'' that are consistent
with, or in any event not weaker than, the definitions for those terms
contained in American National Standards Institute (ANSI) standard
Z535-2002, along with an introductory statement alerting the reader to
the significance of the safety alert symbol and the signal words.
(4) A reminder that the safety alert symbol with the word
``WARNING'' indicates a potential hazard that could result in serious
injury or death. This reminder shall be repeated immediately preceding
the table of contents, at the beginning and end of the section
describing proper operating procedures, on the last page before the
outside back cover (or on the inside back cover), and a total of at
least five (5) more times, appropriately spaced, within sections
containing warnings.
(5) An introductory safety message emphasizing the importance of
reading and understanding the manual prior to operation of the ATV, the
importance of and availability of the instructional training required
by Sec. 1410.15 of this part, and the importance of the age
recommendation for the particular model. This introductory message
shall contain, at a minimum, the following statement:
``Failure to follow the warnings contained in this manual can
result in SERIOUS INJURY or DEATH''
(6) An introductory notice stating, at a minimum:
``This ATV is not intended for children. Children should only
ride youth ATVs that are specifically intended for children under 16
years of age.''
(7) An introductory safety section which, at a minimum, contains
the following safety messages in the form shown:
``AN ATV IS NOT A TOY AND CAN BE HAZARDOUS TO OPERATE. An ATV
handles differently from other vehicles including motorcycles and
cars. A collision or rollover can occur quickly, even during routine
maneuvers such as turning and driving on hills or over obstacles, if
you fail to take proper precautions.
SEVERE INJURY OR DEATH can result if you do not follow these
instructions:
1. Read this manual and all labels carefully and follow the
operating procedures described.
2. Never operate an ATV without proper instruction. Take a
training course. Contact
[[Page 45938]]
an authorized ATV dealer to find out about the training courses near
you.
3. Never allow a child under 16 to operate this ATV, which is
not intended for operators under 16 years of age.
4. Never carry a passenger on this ATV.
5. Never operate an ATV on any paved surfaces, including
sidewalks, driveways, parking lots and streets.
6. Never operate an ATV on any public street, road or highway,
even a dirt or gravel one.
7. Never operate an ATV without wearing an approved helmet that
fits properly. You should also wear eye protection (goggles or face
shield), gloves, boots, long-sleeved shirt or jacket, and long
pants.
8. Never consume alcohol or drugs before or while operating an
ATV.
9. Never operate at excessive speeds. Always go at a speed that
is proper for the terrain, visibility and operating conditions, and
your experience.
10. Never attempt wheelies, jumps, or other stunts.
11. Always inspect your ATV each time you use it to make sure it
is in safe operating condition. Always follow the inspection and
maintenance procedures and schedules described in this manual.
12. Always keep both hands on the handlebars and both feet on
the footpegs of the ATV during operation.
13. Always go slowly and be extra careful when operating on
unfamiliar terrain. Always be alert to changing terrain conditions
when operating the ATV.
14. Never operate on excessively rough, slippery or loose
terrain until you have learned and practiced the skills necessary to
control the ATV on such terrain. Always be especially cautious on
these kinds of terrain.
15. Always follow proper procedures for turning as described in
this manual. Practice turning at low speeds before attempting to
turn at faster speeds. Do not turn at excessive speed.
16. Never operate the ATV on hills too steep for the ATV or for
your abilities. Practice on smaller hills before attempting larger
hills.
17. Always follow proper procedures for climbing hills as
described in this manual. Check the terrain carefully before you
start up any hill. Never climb hills with excessively slippery or
loose surfaces. Shift your weight forward. Never open the throttle
suddenly or make sudden gear changes. Never go over the top of any
hill at high speed.
18. Always follow proper procedures for going down hills and for
braking on hills as described in this manual. Check the terrain
carefully before you start down any hill. Shift your weight
backward. Never go down a hill at high speed. Avoid going down a
hill at an angle that would cause the vehicle to lean sharply to one
side. Go straight down the hill where possible.
19. Always follow proper procedures for crossing the side of a
hill as described in this manual. Avoid hills with excessively
slippery or loose surfaces. Shift your weight to the uphill side of
the ATV. Never attempt to turn the ATV around on any hill until you
have mastered the turning technique described in this manual on
level ground. Avoid crossing the side of a steep hill if possible.
20. Always use proper procedures if you stall or roll backwards
when climbing a hill. To avoid stalling, use proper gear and
maintain a steady speed when climbing a hill. If you stall or roll
backwards, follow the special procedure for braking described in
this manual. Dismount on the uphill side or to a side if pointed
straight uphill. Turn the ATV around and remount, following the
procedure described in this manual.
21. Always check for obstacles before operating in a new area.
Never attempt to operate over large obstacles, such as large rocks
or fallen trees. Always follow proper procedures when operating over
obstacles as described in this manual.
22. Always be careful when skidding or sliding. Learn to safely
control skidding or sliding by practicing at low speeds and on
level, smooth terrain. On extremely slippery surfaces, such as ice,
go slowly and be very cautious in order to reduce the chance of
skidding or sliding out of control.
23. Never operate an ATV in fast flowing water or in water
deeper than that specified in this manual. Remember that wet brakes
may have reduced stopping ability. Test your brakes after leaving
water. If necessary, apply them several times to let friction dry
the linings.
24. Always be sure there are no obstacles or people behind you
when you operate in reverse. When it is safe to proceed in reverse,
go slowly.
25. Always use the size and type tires specified in this manual.
Always maintain proper tire pressure as described in this manual.
26. Never modify an ATV through improper installation or use of
accessories.
27. Never exceed the stated load capacity for an ATV. Cargo
should be properly distributed and securely attached. Reduce speed
and follow instructions in the manual for carrying cargo or pulling
a trailer. Allow greater distance for braking.
FOR MORE INFORMATION ABOUT ATV SAFETY, visit the CPSC website at
www.cpsc.gov or call the Consumer Product Safety Commission at 1-
800-638-2772, or [Insert contact number for manufacturer].''
(8) An appropriate table of contents identifying the major portions
of the manual.
(9) Descriptions of the location of warning labels on the ATV and
an introductory statement emphasizing the importance of understanding
and following the labels and the importance of keeping the labels on
the ATV. The introductory statement shall also contain instructions on
how to obtain a replacement label in the event any label becomes
difficult to read. These instructions shall include a toll-free
telephone number that can be called to obtain a replacement label.
(10) A telephone number or email address for the owner of the ATV
to contact the manufacturer to report safety issues and/or seek
information on the proper, safe operation of the ATV.
(11) A description of pre-operating inspection procedures and a
statement emphasizing the importance of these procedures.
(12) A description of proper operating procedures and of potential
hazards associated with improper operation of the ATV. The section of
each manual devoted to describing proper operating procedures shall
include material addressing in narrative text form and in appropriate
detail all of the topics addressed in paragraph (b)(7) of this section.
Such narrative text shall identify particular potential hazards
associated with the types of operation or behavior in question, the
possible consequences of such operation or behavior, and shall describe
the manner in which the vehicle should be properly operated to avoid or
reduce the risk associated with such hazards. Such narrative text shall
include warning statements and corresponding illustrations in
conformance with the requirements of this section and Sec. 1410.10 of
this part. The language of the narrative sections accompanying each
warning shall not contradict any information contained in the warning
section and shall be written to draw attention to the warning.
(13) Descriptions of proper maintenance, storage, and
transportation procedures.
(14) On the outside back cover, the contents of the general warning
label required by Sec. 1410.10(a).
(c) Where a manual describes a potential hazard that is not
addressed in this section, but which nevertheless meets the definition
of a potential hazard for which a ``warning'' or ``caution,'' as these
terms are defined in ANSI Standard Z535.4-2002, is appropriate, the
discussion of that potential hazard shall be accompanied by a
``warning'' or ``caution'' statement which conforms to the requirements
of ANSI Standard Z535.4-2002 and this section.
Sec. 1410.14 Safety video.
(a) General. The retailer shall provide the purchaser with a safety
video at or before the completion of the purchase transaction. The
safety video shall be designed to communicate to an audience consisting
of prospective purchasers and users, including children between the
ages of 9 and 16, and their parents.
(b) Title. The title of the safety video shall indicate that the
video provides safety information concerning ATV operation.
[[Page 45939]]
(c) Content. The safety video shall communicate the following:
(1) The contents of the hang tag described in Sec. 1410.11;
(2) The concept that a person operating an ATV should know his or
her limitations and not attempt to perform any maneuver or traverse any
terrain if performing the maneuver or operating on the terrain is
beyond that person's capabilities and experience;
(3) The importance of practicing and gradually progressing from
basic to more complex maneuvers; and
(4) The importance of keeping alert at all times and the concept
that even a brief distraction can lead to loss of control resulting in
a severe or fatal accident.
(5) ATV-related death and injury statistics both for all riders and
for children under the age of 16. The video may use rolling five-year
averages, and the statistics only need to be updated if there is a
statistically significant change in either the death or injury
statistics. Such change shall be noted in the subsequent video.
(d) Dramatization. All dramatizations designed to communicate any
of the concepts set forth in the preceding subsection shall be
unambiguous. To avoid ambiguity and ensure clarity, dramatizations
shall:
(1) In the case of dramatizations that show an accident occurring,
averted, or about to occur, the video shall contain no intervening
events that detract from communication of the hazard (for example, the
presence of an obstacle on a paved surface when communicating the
hazard of operating on a paved surface, or a person running in front of
an ATV when communicating the hazard of carrying passengers); and
(2) In the case of dramatizations that show either the conduct,
terrain, or maneuvers that a person should avoid, or the conduct that a
person should observe, the video shall also unequivocally state the
relevant safety message, either verbally by means of lines spoken by a
screen character or narrator, in written form, or both.
(e) Format. The safety video shall be made available in at least
one commonly used format, e.g., VHS or DVD, and the purchaser shall be
given the option at no cost of procuring the safety video in at least
one format other than the one originally supplied with the ATV at the
time of purchase.
(f) Retention. The manufacturer shall retain a copy of the safety
video until five years after the model to which the video applies
ceases to be in production. The manufacturer shall make the video
available to CPSC upon request.
1410.15 Instructional training.
(a) General. The manufacturer shall provide to the purchaser at no
charge a training course for the purchaser and each member of the
purchaser's immediate family who meets or exceeds the minimum age
recommendation for the ATV in question. The training course shall be
provided in the form of one certificate valid for the purchaser and
each qualifying member of the purchaser's immediate family redeemable
at no cost for attendance at a training course meeting the requirements
of this section.
(b) Form of certificate. Each certificate shall identify the VIN or
PIN number for the ATV to which it pertains and shall have no
expiration date. In addition the certificate shall include a toll-free
telephone number or other readily useable means for the purchaser to
contact the training organization to arrange for training.
(c) Retailer responsibility. The retailer shall provide the
certificate(s) to the purchaser at the time of purchase and shall
obtain the purchaser's signature on the training acknowledgment form
shown in Figure 4 of this part. The retailer shall retain the signed
original of the training availability form and shall provide the
purchaser and the manufacturer of the ATV with a copy.
(d) Course content. The training curriculum shall, at a minimum,
address the following:
(1) The risks of ATV-related deaths and injuries (risk awareness).
(2) The role of safety equipment, including identifying suitable
equipment, properly using equipment, and understanding why it is used.
(3) Rider responsibilities, including:
(i) Why children/youths should not ride adult ATVs;
(ii) Why all ATV users should take a hands-on safety training
course;
(iii) Why one should never ride a youth ATV or non-tandem adult ATV
with a passenger or as a passenger;
(iv) Why one should never drive an ATV on paved roads;
(v) Why one should always wear a helmet and other protective gear
while on an ATV; and
(vi) Why one should never drive an ATV while under the influence of
alcohol or drugs.
(4) Identifying displays and controls;
(5) Recognizing limitations, including inclines and rider
abilities;
(6) Evaluating a variety of situations to predict proper course of
action, including terrain obstacles and behavior of other riders;
(7) Demonstrating successful learning of riding skills, including:
(i) Starting and stopping;
(ii) Negotiating turns, including gradual, sharp, and quick turns,
weaving, and evasive maneuvers;
(iii) Stopping in a turn;
(iv) Emergency braking while straight and while turning.
(v) Negotiating full track and partial track obstacles.
(vi) Negotiating hills, including ascending, descending,
traversing, and emergency situations; and
(vii) Combining skills together in a non-predictable manner (i.e.
trail ride or free riding period with instructor supervision and
critique).
(e) Course structure. The course shall include classroom, field,
and trail activities.
(f) Course duration. The course duration shall be sufficient to
cover the topics noted in this section, allow for each student to
individually master the riding skills addressed in the course at the
level commensurate with the terrain at the location of the course, and
allow for written and riding skills tests.
(g) Course accessibility. The course shall be provided within a
reasonable time from the date of purchase of the ATV and a reasonable
distance from the place of purchase of the ATV.
Subpart D--Requirements for Tandem ATVs
Sec. 1410.16 Requirements in general for tandem ATVs.
All tandem ATVs shall meet the requirements stated in Subpart B and
Subpart C of this part except as specified differently in this subpart
D.
Sec. 1410.17 Equipment and configuration requirements for tandem
ATVs.
(a) Passenger environment. All tandem ATVs shall have a passenger
backrest and handhold which meet the following requirements:
(1) Passenger location and restraint. The passenger seating area
behind the operator area shall be equipped with a generally vertical
cushioned passenger backrest at the back of the seating area that shall
be capable of withstanding a 900 N (202 lb.) loading force applied
horizontally toward the rear at a height above the seating area of at
least 162 cm (8 inches), without failure or permanent deformation.
(2) Passenger handholds. Two handholds shall be provided and be
located on each side of the passenger seating area in a symmetrical
manner. These handholds must be able to withstand, without failure or
permanent deformation, a vertical force of 1000 N (224 lb.) applied
statically to the center of the surface of the handhold. Handholds
shall allow the passenger to
[[Page 45940]]
dismount without interference from the handholds.
(b) Operator and Passenger foot environment. All two-person ATVs
shall have a foot support structure covered by footboards and distinct
foot pegs for the operator and the passenger respectively. The minimum
projected horizontal distance between the foot pegs shall be 230mm (9
inches) as measured on a line parallel to the longitudinal axis of the
vehicle. When normally positioned on the foot pegs, the operator and
passenger foot print must not overlap as projected on a horizontal
plane and the passenger footprint must be contained in the projected
footboard area. The operator and passenger foot environment shall meet
the requirements in Sec. 1410.5(k)(1) through (3). See Figures 5 and 6
of this part.
(c) Mechanical suspension. All tandem ATVs shall have mechanical
suspension for all wheels in addition to what is provided by the tires.
Each wheel shall have a minimum travel of 102 mm (4 inches).
(d) Lighting equipment. Tandem ATVs that are wider than 1500 mm
shall have at least two headlights and two tail lamps.
Sec. 1410.18 Pitch stability requirements for tandem ATVs.
(a) Test conditions. Test conditions shall be as follows:
(1) The ATV shall be in standard condition, without accessories.
The ATV and components shall be assembled and adjusted according to the
manufacturer's instructions and specifications.
(2) Tires shall be inflated to the tandem ATV manufacturer's
highest recommended pressure.
(3) All fluids shall be full (oil, coolant, and the like), except
that fuel shall be not less than three-fourths full. ATV shall be
unladen, with no rider, passenger, cargo, or accessories except as
noted per the following conditions.
(4) Steerable wheels shall be held in the straight ahead position.
(5) Adjustable suspension components shall be set to the highest
values recommended by the manufacturer.
(6) A weight of 91 kg 3 (200 lb 7) shall
be securely fastened to the passenger seat to simulate a passenger. The
center of gravity of the weight shall be 15 cm 2 (6 inches
1) above the passenger supporting surface and 25 cm 2 (10 inches 1) forward of the front surface of the
back rest. The back rest shall be adjusted to its most rearward
position.
(7) A weight of 91 kg 3 (200 lb 7) shall
be securely fastened to the operation seat to simulate an operator. The
center of gravity of the weight shall be 15 cm 2 (6 inches
1) above the operator supporting surface and either 30 cm
2 (12 inches 1) ahead of the passenger center
of gravity.
(8) The area under the tires on the table may be covered with \3/
4\'' No. 1 diamond shaped steel expanded metal grid (or plate) or
similar material to engage tire tread and prevent tire sliding.
(b) Test procedure. The tandem ATV shall be placed on a variable
slope single-plane tilt table. The steerable wheels shall be straight
forward. The ATV shall be positioned on the tilt table with its
longitudinal center line perpendicular to the tilt axis of the table
and its rear positioned downhill. The table shall be tilted until lift-
off of the upper wheels(s) occurs. Measure the angle at which lift-off
of the upper wheel(s) occurs. Lift-off shall have occurred when a strip
of 20-gauge steel [approximately 1 mm (.039 inch) thick], 76 mm (3
inch) minimum width, can be pulled from or moved under the second
uphill tire to lift with a force of 9 N (2 lb) or less.
(c) Performance requirements. The angle of the tilt table with the
tandem ATV positioned as described in 9.2.2 shall reach a minimum of 36
degrees (73% slope) before lift-off occurs.
Sec. 1410.19 Information requirements for tandem ATVs.
Each tandem ATV shall meet the requirements of subpart C of this
part, with the following exceptions.
(a) Labeling--(1) General warning label. The general warning label
required by Sec. 1410.10(a) shall omit the statement ``NEVER CARRY A
PASSENGER. You increase your risk of losing control if you carry a
passenger.''
(2) Passenger warning label. (i) Content. Instead of the warning
statement specified in Sec. 1410.10(c), the passenger warning label
shall state ``NEVER CARRY MORE THAN 1 PASSENGER'' in capital letters
and shall recommend the following hazard-avoidance behaviors:
1. Never carry a passenger less than twelve (12) years old or
twelve years old or older who is too small to firmly plant his/her
feet on the footrests and to securely grab the handles;
2. Never allow a passenger to sit in a location other than the
passenger seat;
3. Never carry a passenger who is not securely grasping the grip
handles at all times.
(ii) Location. The passenger warning label shall be affixed to the
front fender of each tandem ATV so it is adjacent to the general
warning label and can be easily read by the operator when seated on the
ATV in the proper operating position.
(b) Hangtags. The hangtag stating the contents of the general
warning label shall meet the requirements of Sec. 1410.11.
(c) Instructional/owner's manuals. Instead of instructing that
operators should never carry passengers on ATVs, instructional/owner's
manuals shall contain the following, or substantially equivalent
statement:
``NEVER CARRY MORE THAN ONE PASSENGER. This ATV has been
designed specifically to carry one passenger.''
Subpart E--Certification/Testing/Recordkeeping
Sec. 1410.20 Certification.
(a) At the location of the VIN or PIN number, the following
statement shall be made: ``The manufacturer certifies that this ATV
complies with all applicable requirements of 16 C.F.R. Part 1410.''
(b) The VIN number or PIN number and the compliance statement shall
meet the durability requirements of UL Standard for Safety for Marking
and Labeling Systems, Underwriters Laboratories Standard UL 969, fourth
edition, October 3, 1995.
Sec. 1410.21 Testing.
Each manufacturer of ATVs subject to this part shall perform or
cause to be performed testing sufficient to demonstrate on an
objectively reasonable basis that each ATV produced by that
manufacturer meets the performance requirements of Sec. Sec. 1410.5
through 1410.9 of this part for single rider ATVs and Sec. Sec.
1410.16 through 1410.18 of this part for tandem ATVs.
Sec. 1410.22 Recordkeeping.
(a) Manufacturer requirements. Each manufacturer (the importer is
considered a manufacturer for purposes of this part) of ATVs subject to
this part shall:
(1) Maintain records in English sufficient to demonstrate on an
objectively reasonable basis that each ATV produced by that
manufacturer complies with the requirements of this part;
(2) Retain records required by this part for a period of at least
five (5) years after production of the model of ATV to which the
records pertain ceases;
(3) Maintain records required by this part at a location in the
United States; and
(4) Make records required by this part available for inspection at
the request of
[[Page 45941]]
a duly authorized representative of the U.S. Consumer Product Safety
Commission.
(b) Retailer requirements. Each retailer of ATVs subject to this
part shall:
(1) Maintain the original of each age acknowledgment required by
Sec. 1410.12 of this part and each acknowledgment of training
availability required by Sec. 1410.15 of this part for a period of at
least five (5) years after the date of purchase of the ATV to which the
acknowledgments pertain;
(2) Maintain records required by this section at a location in the
United States; and
(3) Make records required by this section available for inspection
at the request of a properly authorized representative of the U.S.
Consumer Product Safety Commission.
BILLING CODE 6355-01-P
[[Page 45942]]
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BILLING CODE 6355-01-C
[[Page 45948]]
PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND
ENFORCEMENT REGULATIONS
3. The authority for part 1500 continues to read as follows:
Authority: 15 U.S.C. 1261-1278.
4. Section 1500.18 is amended to add a new paragraph (a)(20) to
read as follows:
Sec. 1500.18 Banned toys and other banned articles intended for use
by children.
(a) * * *
(20)(i) Any three-wheeled youth all terrain vehicle, as defined in
Sec. 1515.2(a) that is manufactured or imported on or after [180 days
after issuance of final rule] and
(ii) Any youth all terrain vehicle, as defined in Sec. 1515.2(a),
that is manufactured or imported on or after [180 days after issuance
of final rule] and that does not meet the requirements of Part 1515.
(iii) (A) Findings. In order for the Commission to issue a rule
under section 2(q)(1) of the FHSA classifying a substance or article as
a banned hazardous substance, the Commission must make certain findings
and include these findings in the regulation. 15 U.S.C. 1262(i)(2).
These findings are discussed in paragraphs (a)(20)(iii)(B) through (D)
of this section.
(B) Voluntary standards. The current voluntary standard, ANSI/SVIA-
1-2001, specifies requirements for the mechanical operation of single
rider ATVs (both for adult and youth ATVs). The major manufacturers
appear to comply with most provisions of the voluntary standard.
However, the voluntary standard does not contain information
requirements for such things as warning labels, owners manuals and
training. Thus, compliance with the voluntary standard alone would not
be adequate to eliminate the risk of injury. Many ATV incidents occur
because of the way the ATV is used, and the Commission cannot issue
requirements for how a product should be used (e.g., requiring helmets,
prohibiting children from riding adult ATVs). To affect these behaviors
the Commission must act through requirements directing manufacturers
and retailers to take actions that inform consumers of the risks
associated with ATVs and advise consumers how they could reduce these
risks. Although the major manufacturers have agreed to take many of the
informational actions proposed in the rules through agreements with the
Commission, these are completely voluntary. A company could decide to
change any of the actions it has agreed to at any time. Moreover, new
market entrants, a growing portion of the ATV market, may not be
following the voluntary standard (and they do not have individual
agreements with the Commission). These new entrants now comprise
approximately 10 percent of the market and their share of the market is
likely to increase. Thus, the Commission finds that compliance with the
ANSI/SVIA-1-2001 voluntary standard is not likely to eliminate or
adequately reduce the risk of injury associated with youth ATVs, and it
is unlikely that there will be substantial compliance with the
voluntary standard.
(C) Relationship of benefits to costs. Because most manufacturers
are currently taking most of the actions that the proposed rules would
require, costs from the proposed rules are likely to be small. The
initial potential reduction of ATV-related deaths and injuries may also
be small. However, mandating the mechanical and information
requirements will mean that new entrants to the market will have to
comply with the requirements as well. The proposed rule would impose
some testing and recordkeeping costs. The staff estimates these to be
about $462,000 annually. The Commission proposes to establish
categories of youth ATVs based on maximum speed rather than engine
size. This should not impose additional costs on manufacturers because
these delineations are similar to those already in the ANSI/SVIA-1-2001
voluntary standard. However, this change could lead to a greater
variety of youth ATVs which could result in more children riding youth
ATVs rather than larger, riskier adult models. Such a shift of children
to youth ATVs could reduce ATV-related deaths and injuries because the
risk of injury for riders under the age of 16 driving adult ATVs is
about twice the risk of injury of those who are driving age-appropriate
ATVs. Additionally, the proposed change could result in more children
receiving formal training, and this too could reduce deaths and
injuries.
(D) Least burdensome requirement. The proposed rule is likely to
impose only a small burden on ATV manufacturers and retailers. The
Commission is essentially mandating the current practice that many
manufacturers are following. Nevertheless, the proposed rule is likely
to reduce the risk of injury associated with ATVs because it will
enable the Commission to directly enforce the provisions of the rule
and will bring new entrants under federal regulation.
* * * * *
5. Add part 1515 to Subchapter C to read as follows:
PART 1515--REQUIREMENTS FOR YOUTH ALL TERRAIN VEHICLES
Subpart A--General Requirements
Sec.
1515.1 Purpose, scope, effective date.
1515.2 Definitions.
1515.3 Requirements in general.
Subpart B--Requirements for Equipment, Configuration and Performance
1515.4 Equipment and configuration requirements.
1515.5 Maximum speed capability test.
1515.6 Maximum speed capability requirements.
1515.7 Service brake performance test.
1515.8 Parking brake performance test.
1515.9 Pitch stability requirements.
Subpart C--Requirements for Labeling, Point of Sale Information and
Instruction
1515.10 Labeling requirements.
1515.11 Hangtag requirements.
1515.12 Age acknowledgment.
1515.13 Instructional/owner's manual.
1515.14 Safety video.
1515.15 Instructional training.
Subpart D--Certification/Testing/Recordkeeping
1515.16 Certification.
1515.17 Testing.
1515.18 Recordkeeping.
Figures
Figure 1 to Part 1515--Operator Foot Environment--Plan View
Figure 2 to Part 1515--Operator Foot Environment--Front View
Figure 3 to Part 1515--Age Acknowledgment Form
Figure 4 to Part 1515--Training Acknowledgment Form
Authority: 15 U.S.C. 1261, 1262, and 1269.
Subpart A--General Requirements
Sec. 1515.1 Purpose, scope, effective date.
(a) Purpose. The purpose of the standard in this part is to reduce
deaths and injuries associated with youth all terrain vehicles (ATVs)
by ensuring that all youth ATVs meet certain technical requirements and
that consumers have sufficient safety information about operating youth
ATVs.
(b) Scope and effective date. Youth all terrain vehicles, as
defined in Sec. 1515.2(a), manufactured or imported on or after [date
180 days from issuance of final rule] are subject to the requirements
of this part and 16 CFR 1500.18(a)(20).
Sec. 1515.2 Definitions.
In addition to the definitions in section 2 of the Federal
Hazardous
[[Page 45949]]
Substances Act (15 U.S.C. 1261), the following definitions apply for
purposes of this part 1515.
(a) Youth all terrain vehicle, or youth ATV, means a three-or four-
wheeled motorized vehicle intended for use by an operator less than
sixteen (16) years of age, that travels on low pressure tires, has a
seat designed to be straddled by the operator, has handlebars for
steering, and is intended for off-road use on non-paved surfaces.
(b) Junior ATV means a youth ATV intended for use by an operator of
at least 6 years of age.
(c) Pre-teen ATV means a youth ATV intended for use by an operator
of at least 9 years of age.
(d) Teen ATV means a youth ATV intended for use by an operator of
at least 12 years of age.
(e) Footrest means a structural support for the operator's foot,
can include footpegs and footboards.
(f) Handlebar means a device used for steering and rider support
and as a place to mount hand-operated controls.
(g) Low pressure tire means a tire designed for off-road use on
ATVs, and having a recommended tire pressure of no more than 69 kPa (10
psi).
(h) Manual fuel shutoff control means a device designed to turn the
fuel flow from the fuel tank on and off.
(i) Manufacturer means any entity that produces youth ATVs. For
purposes of this part 1515, an importer is a manufacturer.
(j) Mechanical suspension means a system which permits vertical
motion of an ATV wheel relative to the chassis and provides spring and
damping forces.
(k) Parking brake means a brake system which, after actuation,
holds one or more brakes continuously in an applied position without
further action.
(l) PIN means the Product Identification Number assigned in
accordance with Recreation Off-Road Vehicle Product Identification
Numbering System, SAE International Consortium Standard, ICS-1000,
issued 2004-9.
(m) Retailer means, for purposes of this part, a person to whom an
ATV is delivered or sold for purposes of sale or distribution by such
person to a consumer.
(n) Safety alert symbol means the symbol which indicates a
potential personal injury hazard as defined in section 4.10 of ANSI
Z535.4-2002, American National Standard for Product Safety Signs and
Labels.
(o) Service brake means the primary brake system used for slowing
and stopping a vehicle.
(p) Spark arrester means an exhaust system component which limits
the size of carbon particles expelled from a tailpipe.
(q) Speed limiting device means a device intended to limit the
maximum speed of a vehicle.
(r) Three-wheeled youth all terrain vehicle means a youth all
terrain vehicle as defined in paragraph (a) of this section that has
three wheels.
(s) Throttle control means a control which is located on the
handlebar and is used to control engine power.
(t) VIN means a Vehicle Identification Number assigned as specified
in 49 CFR Part 565.
(u) Wheelbase (L) means the longitudinal distance between the
center of the front axle and the center of the rear axle.
(v) Wheel travel means the displacement of a reference point on the
suspension (such as the wheel axle) from when the suspension is fully
extended (no force applied) to when it is fully compressed.
Sec. 1515.3 Requirements in general.
(a) Each youth ATV shall be designed for use only by a single
rider, shall meet the equipment, configuration and performance
requirements specified in subpart B of this part, and shall meet the
requirements for labeling, point of sale information, instruction
manuals, and instructional training specified in subpart C of this
part.
(b) Each youth ATV manufacturer shall comply with the requirements
of this part applicable to manufacturers. For purposes of this part, an
ATV importer is an ATV manufacturer.
(c) Each youth ATV retailer shall comply with the requirements of
this part applicable to such retailers.
Subpart B--Requirements for Equipment, Configuration and
Performance
Sec. 1515.4 Equipment and configuration requirements.
(a) Service brakes. All youth ATVs shall have either independently-
operated front and rear brakes, or front and rear brakes that are
operated by a single control, or both. These brakes shall meet the
requirements of Sec. 1515.7.
(1) Independently-operated front brakes. Independently-operated
front brakes shall be operated by a lever located on the right side of
the handlebar and shall be operable without removing the hand from the
handlebar.
(2) Independently-operated rear brakes. Independently-operated rear
brakes shall be operated by either a pedal which is located near the
right footrest and operable by the right foot or by a lever located on
the left side of the handlebar and operable without removing the hand
from the handlebar or by both.
(3) Simultaneously operated front and rear brakes. Simultaneously
operated front and rear brakes shall be operated by either a pedal
which is located near the right footrest and operable by the right foot
or by a lever located on the left side of the handlebar and operable
without removing the hand from the handlebar or by both.
(b) Parking brake. All youth ATVs shall have a parking brake
capable of holding the youth ATV stationary under prescribed
conditions. The parking brake or parking mechanism shall meet the
performance requirements of Sec. 1515.8.
(c) Mechanical suspension. All youth ATVs shall have mechanical
suspension for all wheels. Each wheel shall have a minimum wheel travel
of 50 mm (2 inches). Springing and damping properties shall be provided
by components other than the tire.
(d) Engine stop switch. All youth ATVs shall have an engine stop
switch which is mounted on the left handlebar and is operable by the
thumb without removing the hand from the handlebar.
(1) Operation. The engine stop switch shall not require the
operator to hold it in the off position to stop the engine.
(2) Color of device. The switch-operating device shall be orange.
(e) Throttle control. All youth ATVs shall be equipped with a means
of controlling engine power through a throttle control. The throttle
control shall be located on the right side of the handlebar and shall
be operable without removing the hand from the handlebar. The throttle
control shall be self-closing to an idle position upon release of the
operator's hand from the control.
(f) Automatic transmission. All youth ATVs shall be equipped with a
transmission that effects graduated gear ratios, in proper relation to
speed and torque, without the active participation of the operator. It
shall not be necessary for the operator to engage a clutch or choose a
gear in order for the vehicle's engine to maintain its optimum speed.
(g) Drivetrain controls--(1) Directional/range controls. Controls
for selecting forward, neutral, or reverse or for selecting overall
transmission ranges, or for selecting the differential drive (2-wheel
or 4-wheel) shall have a defined shift pattern marked for the operator.
(2) Neutral indicator. All youth ATVs with a neutral position shall
have either a neutral indicator readily visible to the operator when
seated on the ATV or a means to prevent starting of the ATV unless the
transmission is in the neutral
[[Page 45950]]
position. The indicator, if provided, shall be activated whenever the
ignition system is on and the transmission is in neutral.
(3) Reverse indicator. All youth ATVs with a reverse position shall
have a reverse indicator readily visible to the operator when the
operator is seated on the ATV. The indicator shall be activated
whenever the engine is running and the transmission is in reverse.
(4) Electric start interlock. An interlock shall be provided to
prevent the youth ATV engine from being started by electric cranking
unless the transmission is disengaged or the brake is applied.
(h) Flag pole bracket. All youth ATVs shall have a flag pole
bracket at the rear of the ATV that provides a rigid mounting location
for a flag pole having a 13 mm (0.5 inch) diameter mounting shaft.
(i) Manual fuel shutoff control. If a youth ATV is equipped with a
manual fuel shutoff control, the device shall be operable as prescribed
in 49 CFR 571.123, Table 1.
(j) Handlebars. The handlebar and its mounting shall present no
rigid materials with an edge radius of less than 3.2 mm (0.125 inch)
that may be contacted by a probe in the form of a 165 mm (6.5 inch)
diameter sphere. The probe shall be introduced to the handlebar
mounting area. It shall not be possible to touch any part of any edge
that has a radius of less than 3.2 mm (0.125 inch) with any part of the
probe. A handlebar crossbar, if provided, shall be padded.
(k) Operator foot environment. All youth ATVs shall have a
structure or other design feature which meets the requirements of
paragraphs (k)(1) through (4) of this section.
(1) Test procedure. Compliance shall be determined by introduction
of a probe, whose end is a rigid flat plane surface 75 mm (3 inches) in
diameter, in the prescribed direction to the zones as described in
paragraphs (k)(2) and (3) of this section and as shown in Figures 1 and
2 of this part.
(i) Inserting probe vertically and downward. The probe shall be
introduced end-first in a vertical and downward direction to the zone
described in paragraph (k)(2) of this section and shown by the shaded
portion of Figure 1. The end of the probe in its entirety shall remain
within the limits of the zone. It shall not penetrate the zone
sufficiently to touch the ground when applied with a force of 445 N
(100 lbf).
(ii) Inserting probe horizontally and rearward. The probe shall be
introduced end-first in a horizontal and rearward direction to the zone
described in paragraph (k)(3) of this section and shown by the shaded
portion of Figure 2. The end of the probe in its entirety shall remain
within the limits of the zone. It shall not penetrate the zone
sufficiently to touch the rear tire when applied with a force of 90 N
(20 lbf).
(2) Boundaries of zone in Figure 1 of this Part. The zone shown in
Figure 1 of this part is defined as bounded by:
(i) The vertical projection of the rear edge of the footrest.
(ii) The vertical plane (line AA) parallel to the youth ATV's
longitudinal plane of symmetry that passes through the inside edge of
the footrest.
(iii) The vertical projection of the intersection of a horizontal
plane passing through the top surface of the footrest and the rear
fender or other structure.
(iv) The vertical plane passing through point D and tangent to the
outer front surface of the rear tire.
(A) For footpegs point D is defined as the intersection of the
lateral projection of the rearmost point of the footpeg and the
longitudinal projection of the outermost point of the footpeg.
(B) For footboards point D is defined as the intersection of 2
lines. The first is a line perpendicular to the vehicle longitudinal
plane of symmetry and one-third of the distance from the front edge of
the rear tire to the rear edge of the front tire. The second is a line
parallel to the youth ATV's longitudinal plane of symmetry and one-half
the distance between the inside edge of the footboard and the outside
surface of the rear tire.
(3) Boundaries of zone in Figure 2 of this Part. The zone shown in
Figure 2 of this part is defined as bounded by:
(i) The horizontal plane passing through the lowest surface of the
footrest on which the operator's foot (boot) rests (plane F).
(ii) The vertical plane (line AA) parallel to the ATV's
longitudinal plane of symmetry that passes through the inside edge of
the footrest.
(iii) The horizontal plane 100 mm (4 inches) above plane F.
(iv) The vertical plane (line BB) parallel to the ATV's
longitudinal plane of symmetry and 50 mm (2 inches) inboard of the
outer surface of the rear tire.
(4) Requirements for ATVs with non-fixed structure. All youth ATVs
equipped with a non-fixed type (for example, foldable, removable or
retractable) structure intended to meet the requirements of this
paragraph (k) shall be equipped with one or more of the following:
(i) A warning device (for example, a buzzer or indicator) to
indicate that the structure is not in the position needed to comply
with the requirements of this paragraph (k).
(ii) A device to prevent the ATV from being operated under its own
power if the structure is not in the position needed to comply with the
requirements of this paragraph (k).
(iii) A structure that can be folded, retracted, or removed, such
that when the structure is folded, retracted, or removed, the ATV
cannot be operated using the footrest in the normal manner.
(l) Lighting equipment--(1) Required equipment. All youth ATVs
shall have at least one stop lamp. The stop lamp shall be illuminated
by the actuation of any service brake control. Stop lamps shall conform
to Surface Vehicle Standard, Stop Lamps for Use on Motor Vehicles Less
than 2032 mm in Overall Width, SAE J586 MAR00 or Surface Vehicle
Recommended Practice, Snowmobile Stop Lamp, SAE J278 MAY95.
(2) Prohibitions on certain lighting. No youth ATV may be equipped
with a projecting headlamp or forward-facing day-time running lights.
(m) Spark arrester. All youth ATVs shall have a spark arrester of a
type that is qualified according to the United States Department of
Agriculture Forest Service Standard for Spark Arresters for Internal
Combustion Engines, 5100-l c, September 1997 or Surface Vehicle
Recommended Practice, Spark Arrester Test Procedure for Medium Size
Engines, SAE J350 JAN91.
(n) Tire marking. All youth ATV tires shall carry the following
markings:
(1) Inflation pressure. Both tire sidewalls shall be marked with
the operating pressure or the following statement, or an equivalent
message: ``SEE VEHICLE LABEL OR OWNER'S MANUAL FOR OPERATING
PRESSURE.'' The messages required by this paragraph shall be in capital
letters not less than 4 mm (0.156 inch) in height.
(2) Bead seating pressure. Both tire sidewalls shall be marked with
the following statement, or an equivalent message: ``Do Not Inflate
Beyond **psi (**kPa) When Seating Bead.''
(3) Other markings. Both tire sidewalls shall have the following
information:
(i) The manufacturer's name or brand name.
(ii) On one tire sidewall, the three-digit week and year of
manufacture in the form prescribed at 49 CFR 574.5(d), fourth grouping.
(iii) The size nomenclature of the tire (for example, AT 22x10-9*)
as
[[Page 45951]]
standardized by the Tire and Rim Association, Inc. or the Japan
Automobile Tire Manufacturers Association, Inc.
(iv) The word ``tubeless'' for a tubeless tire.
(v) The phrase ``Not For Highway Use'' or ``Not For Highway
Service.''
(4) Letter sizes. The information required by paragraphs (n)(2) and
(3) of this section shall be in letters or numerals no less than 2 mm
(.078 inch) in height.
(o) Tire pressure gauge. All youth ATVs shall be provided with a
tire pressure gauge appropriate for the recommended operating tire
pressure. All youth ATVs shall have a means of carrying the tire
pressure gauge.
(p) Security. All youth ATVs shall have a means to deter
unauthorized use.
(q) Vehicle Identification Number (VIN) or Product Identification
Number (PIN). Each youth ATV shall have prominently displayed on the
ATV a unique VIN assigned by its manufacturer in accordance with 49 CFR
part 565 or a unique PIN in accordance with Recreation Off-Road Vehicle
Product Identification Numbering System, SAE International Consortium
Standard, ICS-1000, issued 2004-9. If the ATV has a VIN number, the
characters in location 4 and 5 of the number shall be ``A'' and ``T'',
respectively. The VIN or PIN label shall meet the durability
requirements of Underwriters Laboratories Standard UL 969, fourth
edition, October 3, 1995.
(r) Speed limiting devices. All Pre-teen and Teen ATVs shall be
equipped with a means of limiting throttle travel or other means of
limiting the maximum speed attainable by the ATV to less than the ATV's
maximum speed capability as determined using the test procedure of
Sec. 1515.5. The speed limiting device may be adjustable or removable
or both, but shall have a means to prevent adjustment or removal
without the simultaneous use of at least two different tools.
Sec. 1515.5 Maximum speed capability test.
(a) Test conditions. Test conditions shall be as follows:
(1) ATV test weight shall be the unloaded ATV weight plus the
vehicle load capacity (including test operator and instrumentation),
with any added weight secured to the seat or cargo area(s) if so
equipped.
(2) Tires shall be inflated to the pressures recommended by the ATV
manufacturer for the vehicle's test weight.
(3) The test surface shall be clean, dry, smooth and level
concrete, or equivalent.
(b) Test procedure. Measure the maximum speed capability of the ATV
using a radar gun or equivalent method. The test operator shall
accelerate the ATV until maximum speed is reached, and shall maintain
maximum speed for at least 30.5 m (100 ft). Speed measurement shall be
made when the ATV has reached a stabilized maximum speed. A maximum
speed test shall consist of a minimum of two measurement test runs
conducted over the same track, one each in opposite directions. If more
than two measurement runs are made there shall be an equal number of
runs in each direction. The maximum speed capability of the ATV shall
be the arithmetic average of the measurements made. A reasonable number
of preliminary runs may be made prior to conducting a recorded test.
Sec. 1515.6 Maximum speed capability requirements.
(a) Performance requirement for Junior ATV. When tested in
accordance with the procedures of Sec. 1515.5 with any removable speed
limiting device removed and with any adjustable speed limiting device
adjusted to provide the ATV's maximum speed capability, the maximum
speed capability of a Junior ATV shall not exceed 10 mph.
(b) Performance requirements for Pre-teen youth ATV. (1) When
tested in accordance with the procedures of Sec. 1515.5 with any
removable speed limiting device removed and with any adjustable speed
limiting device adjusted to provide the ATV's maximum speed capability,
the maximum speed capability of a Pre-teen youth ATV shall not exceed
15 mph.
(2) When tested in accordance with the procedures of Sec. 1515.5
with the speed limiting device required by Sec. 1515.4(r) adjusted
accordingly, the Pre-teen youth ATV shall accelerate to a maximum speed
that does not exceed 10 mph.
(c) Performance requirements for Teen ATV. (1) When tested in
accordance with the procedures of Sec. 1515.5 with any removable speed
limiting device removed and with any adjustable speed limiting device
adjusted to provide the ATV's maximum speed capability, the maximum
speed capability of a Teen ATV shall not exceed 30 mph.
(2) When tested in accordance with the procedures of Sec. 1515.5
with the speed limiting device required by Sec. 1515.4(r) adjusted
accordingly, Teen ATV shall accelerate to a maximum speed that does not
exceed 15 mph.
(d) Maximum speed requirements on delivery to consumer. (1) Each
Pre-teen ATV shall be delivered to the purchaser with the speed
limiting device required by Sec. 1515.4(r) adjusted so that the
maximum speed of the ATV does not exceed 10 mph when tested in
accordance with Sec. 1515.5.
(2) Each Teen ATV shall be delivered to the purchaser with the
speed limiting device required by Sec. 1515.4(r) adjusted so that the
maximum speed of the ATV does not exceed 15 mph when tested in
accordance with Sec. 1515.5.
Sec. 1515.7 Service brake performance test.
(a) Test conditions. Test conditions shall be as follows.
(1) The ATV test weight shall be the unloaded vehicle weight plus
the vehicle load capacity (including test operator and instrumentation)
with any added weight secured to the seat or cargo area(s), if
equipped.
(2) Tires shall be inflated to the pressures recommended by the ATV
manufacturer for the vehicle test weight.
(3) Engine idle speed and ignition timing shall be set according to
the manufacturer's recommendations.
(4) Ambient temperature shall be between 0 [deg]C (32 [deg]F) and
38 [deg]C (100 [deg]F).
(5) The test surface shall be clean, dry, smooth and level
concrete, or equivalent.
(6) Any removable speed limiting devices shall be removed and any
adjustable speed limiting devices shall be adjusted to provide the
ATV's maximum speed capability.
(b) Test procedure. The test procedure shall be as follows:
(1) Measure the maximum speed capability of the ATV in accordance
with Sec. 1515.5. Determine the braking test speed (V). The braking
test speed is the speed that is the multiple of 8 km/h (5 mph), which
is 6 km/h (4 mph) to 13 km/h (8 mph) less than the maximum speed
capability of the ATV.
(2) Burnish the front and rear brakes by making 200 stops from the
braking test speed. Stops shall be made by applying front and rear
service brakes simultaneously, and braking decelerations shall be from
1.96 m/s2 to 4.90 m/s2 (0.2 g to 0.5 g).
(3) After burnishing, adjust the brakes according to the
manufacturer's recommendation.
(4) Make six stops from the braking test speed. Stops shall be made
by applying the front and rear service brakes simultaneously, and
braking decelerations shall be from 1.96 m/s2 to 4.90 m/
s2 (0.2 g to 0.5 g).
(5) Make four stops from the braking test speed, applying the front
and rear service brakes. Measure the speed immediately before the
service brakes are applied. Appropriate markers or
[[Page 45952]]
instrumentation shall be used which will accurately indicate the point
of brake application. Measure the stopping distance (S).
(i) Hand lever brake actuation force shall be not less than 22 N (5
lbf) and not more than 133 N (30 lbf) and foot pedal brake actuation
force shall be not less than 44 N (10 lbf) and not more than 222 N (50
lbf).
(ii) The point of initial application of lever force shall be 25 mm
(1.0 in.) from the end of the brake lever. The direction of lever force
application shall be perpendicular to the handle grip in the plane in
which the brake lever rotates. The point of application of pedal force
shall be the center of the foot contact pad of the brake pedal, and the
direction of force application shall be perpendicular to the foot
contact pad and in the plane in which the brake pedal rotates.
(c) Performance requirements--(1) Junior and Pre-teen ATVs. For
each Junior and each Pre-teen ATV, at least one of the four stops
required by paragraph (b)(5) of this section shall comply with the
relationship:
S <= V/5.28
Where:
S = brake stopping distance (m)
V = braking test speed (km/h)
S <= V
Where:
S = brake stopping distance (ft)
V = braking test speed (mph)
(2) Teen ATVs. For each Teen ATV, at least one of the four stops
required by paragraph (b)(5) of this section shall have an average
braking deceleration of 5.88 m/s2 (0.6 g) or greater.
Average braking deceleration can be determined according to the
following formulae \1\:
\1\ Direct on-board instrumentation may be used to acquire any
measurement data.
---------------------------------------------------------------------------
a = V\2\/25.92S
Where:
a = average deceleration (m/s\2\)
S = brake stopping distance (m)
V = braking test speed (km/h)
a = [(.033) x V2]/S
Where:
a = average deceleration (g)
S = brake stopping distance (ft)
V = braking test speed (mph)
Sec. 1515.8 Parking brake performance test.
(a) Test conditions. Test conditions shall be as follows:
(1) ATV test weight shall be the unloaded ATV weight plus weight
secured to the seat or cargo area(s) (if equipped), which is equal to
the manufacturer's stated vehicle load capacity.
(2) Tires shall be inflated to the pressures recommended by the ATV
manufacturer for the vehicle test weight.
(3) The test surface shall be clean, dry, smooth concrete or
equivalent, having a 30 percent grade.
(b) Test procedure. The test procedure shall be as follows:
(1) Burnish the service brakes according to the procedure specified
in Sec. 1515.7(b)(2) if service brakes are used as part of the parking
brake.
(2) Adjust the parking brake according to the procedure recommended
by the ATV manufacturer.
(3) Position the ATV facing downhill on the test surface, with the
longitudinal axis of the ATV in the direction of the grade. Apply the
parking brake and place the transmission in neutral. Leave the ATV
undisturbed for 5 minutes. Repeat the test with the ATV positioned
facing uphill on the test surface.
(c) Performance requirements. When tested according to the
procedure specified in paragraph (b) of this section, the parking brake
shall be capable of holding the ATV stationary on the test surface, to
the limit of traction of the tires on the braked wheels, for 5 minutes
in both uphill and downhill directions.
Sec. 1515.9 Pitch stability requirements.
(a) Test conditions. Test conditions shall be as follows:
(1) The ATV shall be in standard condition, without accessories.
The ATV and components shall be assembled and adjusted according to the
manufacturer's instructions and specifications.
(2) Tires shall be inflated to the ATV manufacturer's recommended
settings for normal operation. If more than one pressure is specified,
the highest value shall be used.
(3) All fluids shall be full (oil, coolant, and the like), except
that fuel shall be not less than three-fourths full. ATV shall be
unladen, with no rider, cargo, or accessories.
(4) Steerable wheels shall be held in the straight ahead position.
(5) Adjustable suspension components shall be set to the values
specified at the point of delivery to the dealer.
(6) Suspension components shall be fixed by means of a locking
procedure such that they remain in the same position and displacement
as when the unladen ATV is on level ground, and in the conditions
specified in paragraphs (a)(1) through (5) of this section.
(b) Test procedure. The test procedure shall be as follows:
(1) Calculations based on vehicle metrics:
(i) Measure and record the wheelbase (L). The measurement of this
length shall be done with an accuracy of 5 mm (0.2 inch) or 0.5%, whichever is greater.
(ii) Measure and record the front and rear weights, (Wf
and Wr, respectively). Wf is the sum of the front
tire loads; and Wr is the sum of the rear tire loads with
the ATV level and in the condition specified in paragraph (a) of this
section. The measurements of these weights shall be done with an
accuracy of 0.5 kg ( 1.1 lb) or
0.5%, whichever is greater.
(iii) Using the values obtained in paragraphs (b)(1)(i) and (ii) of
this section, compute and record the quantity as follows: L1
= ((Wf/( Wf + Wr)) x L.
(iv) Measure and record the vertical height between the rear axle
center and the ground (Rr). This measurement shall be done
on level ground, with the ATV in the conditions specified in subsection
(a) of this section, with an accuracy of 3 mm ( 0.1 inch) or 1.5%, whichever is greater.
(v) Measure and record the balancing angle alpha. The procedure for
obtaining this value is as follows: with the ATV on a level surface,
the front of the vehicle shall be rotated upward about the rear axle
without setting the rear parking brake or using stops of any kind,
until the ATV is balanced on the rear tires. The balancing angle alpha
through which the ATV is rotated shall be measured and recorded with an
accuracy of 0.5 degrees. If an assembly protruding from
the rear of the ATV, such as a carry bar or trailer hitch or hook,
interferes with the ground surface, so as to not allow a balance to be
reached, the vehicle shall be placed on blocks of sufficient height to
eliminate the interference.
(vi) Repeat the measurement in paragraph (b)(1)(v) of this section
and determine if the two individual measurements are within 1.0 degree
of each other. If they are not, repeat the measurements two more times
and compute the average of the four individual measurements, and use
that as the value.
(2) Tilt table procedure. The ATV shall be placed on a variable
slope single-plane tilt table. The steerable wheels shall be straight
forward. The ATV shall be positioned on the tilt table with its
longitudinal center line perpendicular to the tilt axis of the table
and its rear positioned downhill. The table shall be tilted until lift-
off of the upper wheel(s) occurs. Measure the angle at which lift-off
of the upper wheel(s) occurs. Lift-off shall have occurred when a strip
of 20-gauge steel
[[Page 45953]]
[approximately 1 mm (.039 inch) thick], 76 mm (3 inch) minimum width,
can be pulled from or moved under the second uphill tire to lift with a
force of 9 N (2 lb) or less.
(c) Performance requirements. (1) Computation from vehicle metrics.
Using the values obtained in paragraphs (b)(1)(iii), (b)(1)(iv), and
(b)(1)(vi) of this section, compute the pitch stability coefficient as
follows: Kp = (L1 tan alpha)/(L1 +
Rr tan alpha).
(2) Computation from tilt table. The pitch stability coefficient
Kp is the tangent of the tilt table angle.
(3) Requirement. The pitch stability coefficient Kp
calculated according to paragraph (c)(1) or (c)(2) of this section
shall be at least 1.0.
Subpart C--Requirements for Labeling, Point of Sale Information and
Instruction
Sec. 1515.10 Labeling requirements.
(a) General warning label. (1) Each youth ATV shall have affixed to
it a general warning label in English that meets the requirements of
this section.
(2) Content. The general warning label shall display the safety
alert symbol and the word ``WARNING'' in capital letters. The label
shall contain the following, or substantially equivalent, statements.
They may be arranged on the label to place the prohibited actions
together and the required actions together.
``THIS VEHICLE CAN BE HAZARDOUS TO OPERATE. A collision or
rollover can occur quickly, even during routine maneuvers such as
turning and driving on hills or over obstacles, if you fail to take
proper precautions.''
``SEVERE INJURY OR DEATH can result if you do not follow these
instructions:''
``BEFORE YOU OPERATE THIS ATV, READ THE OWNER'S MANUAL AND ALL
LABELS.''
``NEVER OPERATE THIS ATV WITHOUT PROPER INSTRUCTION. Beginners
should complete a training course.''
``NEVER CARRY A PASSENGER. You increase your risk of losing
control if you carry a passenger.''
``NEVER OPERATE THIS ATV ON PAVED SURFACES. You increase your
risk of losing control if you operate this ATV on pavement.
``NEVER OPERATE THIS ATV ON PUBLIC ROADS. You can collide with
another vehicle if you operate this ATV on a public road.''
``ALWAYS WEAR AN APPROVED MOTORCYCLE HELMET, eye protection, and
protective clothing.''
``NEVER CONSUME ALCOHOL OR DRUGS before or while operating this
ATV.''
``NEVER OPERATE THIS ATV AT EXCESSIVE SPEEDS. You increase your
risk of losing control if you operate this ATV at speeds too fast
for the terrain, visibility conditions, or your experience.''
``NEVER ATTEMPT WHEELIES, JUMPS, OR OTHER STUNTS.''
(3) Format. The color scheme, typeface and formatting of the label
shall be consistent with ANSI Z535.4 (American National Standard for
Product Safety Signs and Labels) (2002).
(4) Location. This label shall be affixed to the left front fender
so it is easily visible in its entirety to the operator when seated on
the vehicle in the proper operating position. If this location is not
available for a particular ATV, the label shall be affixed to the right
front fender so as to be easily read by the operator when seated on the
ATV in the proper operating position.
(b) Age recommendation warning label. (1) Each youth ATV shall have
affixed an age recommendation warning label in English that meets the
requirements of this section.
(2) Content. (i) Label for Junior ATV. The age recommendation
warning label for a Junior ATV shall display the safety alert symbol
and the word ``WARNING'' in capital letters. The label shall contain a
circle with a slash through it and the wording ``UNDER 6'' inside the
circle. Below the circle, the label shall contain the following, or
substantially equivalent, statements:
``Operation of this ATV by children under the age of 6 increases
the risk of severe injury or death.
Adult supervision required for children under age 16.
NEVER let children under age 6 operate this ATV.''
(ii) Label for Pre-teen ATV. The age recommendation warning label
for a Pre-teen ATV shall display the safety alert symbol and the word
``WARNING'' in capital letters. The label shall contain a circle with a
slash through it and the wording ``UNDER 9'' inside the circle. Below
the circle, the label shall contain the following, or substantially
equivalent, statements:
``Operation of this ATV by children under the age of 9 increases
the risk of severe injury or death.
Adult supervision required for children under age 16.
NEVER let children under age 9 operate this ATV.''
(iii) Label for Teen ATV. The label age recommendation warning
label for a Teen ATV shall display the safety alert symbol and the
word ``WARNING'' in capital letters. The label shall contain a
circle with a slash through it and the wording ``UNDER 12'' inside
the circle. Below the circle, the label shall contain the following,
or substantially equivalent, statements:
``Operation of this ATV by children under the age of 12
increases the risk of severe injury or death.
Adult supervision required for children under age 16.
NEVER let children under age 12 operate this ATV.''
(3) Format. The color scheme, typeface and formatting of the age
recommendation label shall be consistent with ANSI Z535.4 (2002).
(4) Location. This label shall be affixed to the fuel tank so it is
visible in its entirety to the operator when seated on the vehicle in
the proper operating position. If this location is not available for a
particular ATV, or, if affixed at this location the label will not meet
the durability requirement of paragraph (f) of this section, the label
shall be placed on the front fender above the label required by
paragraph (a) of this section so that it is visible in its entirety to
the operator. If this location is not available for a particular ATV,
the label shall be placed on the vehicle body immediately forward of
the seat so it is visible in its entirety to the operator when seated
on the vehicle in the proper operating position.
(c) Passenger warning label. (1) Each youth ATV shall have affixed
a passenger warning label in English that meets the requirements of
this section.
(2) Content. The passenger warning label shall display the safety
alert symbol and the word ``WARNING'' in capital letters. The label
shall contain the following, or substantially equivalent, statements:
``Passengers can affect ATV balance and steering. The resulting
loss of control can cause SEVERE INJURY or DEATH.
NEVER ride as a passenger.''
(3) Format. The color scheme, typeface and formatting of the label
shall be consistent with ANSI Z535.4 (2002).
(4) Location. This label shall be affixed either to a flat surface
of the vehicle body located to the rear of the seat and toward the
center of the vehicle, or to the rear portion of the vehicle seat
itself. If neither of these locations is available for a particular
vehicle, the label shall be affixed to the left rear fender or the left
side of the body so as to be easily seen by a potential passenger.
(d) Tire pressure and overload warning label(s). (1) Each youth ATV
shall have affixed a label or labels in English that meet the
requirements of this section warning against improper air pressure in
the ATV's tires and against overloading. Manufacturers may affix one
warning label addressing both hazards.
(2) Content. The label(s) shall contain the safety alert symbol and
the signal word ``WARNING'' in capital letters. Every label warning
about improper tire pressure shall contain a statement indicating the
recommended tire pressure, either on the label or by
[[Page 45954]]
reference to the owner's manual and/or the tires. Every label warning
against overloading shall contain a statement indicating the maximum
weight capacity for the ATV model.
(i) If a manufacturer uses separate tire pressure and overloading
labels, the label to warn of tire pressure shall contain the following,
or substantially equivalent, statements:
--``Improper tire pressure can cause loss of control. Loss of
control can result in severe injury or death.''
(ii) If a manufacturer uses separate tire pressure and overloading
labels, the label to warn of overloading hazards shall contain the
following, or substantially equivalent, statements:
--``Overloading can cause loss of control. Loss of control can
result in severe injury or death.''
(iii) If a manufacturer uses one label for both tire pressure and
overloading warnings, the label shall contain the following, or
substantially equivalent, statements:
``Improper tire pressure or overloading can cause loss of
control. Loss of control can result in severe injury or death.''
(3) Format. The color scheme, typeface and formatting of the label
shall be consistent with ANSI Z535.4 (2002).
(4) Location. The label(s) shall be affixed to the left rear fender
above the axle, facing outward in such a position that it (they) can be
read by the operator when mounting the vehicle.
(e) Label durability requirements. Each label required or permitted
by this section shall meet the standards for durability of Underwriters
Laboratories Standard UL 969, fourth edition, October 3, 1995.
(f) Discretionary labels. Labels in addition to those specified in
paragraphs (a) through (d) of this section may be affixed to the
vehicle provided that:
(1) The discretionary labels are consistent with ANSI Z535.4
(2002); and
(2) Discretionary labels shall be affixed to ATVs in an appropriate
location that does not detract from the mandatory labels required in
paragraphs (a) through (d) of this section.
Sec. 1515.11 Hangtag requirements.
(a) Each youth ATV shall be equipped at the point of sale with a
hang tag that, at a minimum, contains in English:
(1) The contents of the general warning label described in Sec.
1515.10(a);
(2) The statement--``Even though a child is of the recommended age
to operate a particular size ATV, not all children have the strength,
skills, or judgment needed to operate an ATV safely, and parents
should, therefore, supervise their child's operation of the ATV at all
times''--;
(3) The statement--``This hang tag is not to be removed before
sale''--; and
(4) The statement--``Check with your dealer to find out about state
or local laws regarding ATV operation.''
(b) Each hang tag shall be attached to the ATV in such a manner as
to be conspicuous and removable only with deliberate effort.
(c) Each hang tag shall be at least 4 by 6 inches.
1515.12 Age acknowledgment.
(a) General. The retailer shall provide the purchaser of each youth
ATV with an age acknowledgment in the form shown in figure 3.
(b) Signature. Prior to the sales transaction, the retailer shall
require that the purchaser of the ATV sign the age acknowledgment
representing that the purchaser has read and understood the age
acknowledgment.
(c) Copies/retention. The retailer shall provide the purchaser of
the ATV and the manufacturer of the ATV with a copy of the signed age
acknowledgment. The retailer shall retain the signed original of the
age acknowledgment for a minimum of five (5) years after the date of
the purchase of the ATV to which it pertains. The manufacturer shall
retain the copy of the age acknowledgment for a minimum of five (5)
years after the date of the purchase of the ATV to which it pertains.
1515.13 Instructional/owner's manual.
(a) General. (1) All youth ATVs shall be delivered to the purchaser
with an instructional/owner's manual that meets the requirements of
this section. All youth ATVs shall be equipped with a means of carrying
the manual that protects it from destructive elements while allowing
reasonable access.
(2) Each manual shall be in English and shall be written and
designed in a manner reasonably calculated to convey information
regarding safe operation and maintenance of the vehicle by persons who
read such manual.
(3) Each manual shall be written in plain, simple language so as to
be readily comprehended by the average seventh grader, as measured by a
standard technique for assessing the readability of written materials.
(4) Information in each manual shall be presented in a meaningful
sequence designed to permit readers to understand the information
presented and appreciate its significance.
(5) Each manual shall be consistent with other safety messages
required by this part, including those contained in warning labels,
hang tags, and the safety video.
(6) Each manufacturer shall retain a copy of the manual for each
model until five years after the model has ceased to be in production.
The manufacturer shall make the manual available to CPSC upon request.
(b) Contents. Each manual shall contain--
(1) A statement on the outside front cover that, at a minimum,
alerts the reader that the manual contains important safety information
which should be read carefully.
(2) A statement on the outside front cover stating the age
recommendation for the particular ATV model in question.
(3) Definitions for ``warning'' and ``caution'' that are consistent
with, or in any event not weaker than, the definitions for those terms
contained in American National Standards Institute (ANSI) standard
Z535-2002 along with an introductory statement alerting the reader to
the significance of the safety alert symbol and the signal words.
(4) A reminder that the safety alert symbol with the word
``WARNING'' indicates a potential hazard that could result in serious
injury or death. This reminder shall be repeated immediately preceding
the table of contents, at the beginning and end of the section
describing proper operating procedures, on the last page before the
outside back cover (or on the inside back cover), and a total of at
least five (5) more times, appropriately spaced, within sections
containing warnings.
(5) An introductory safety message emphasizing the importance of
reading and understanding the manual prior to operation of the ATV, the
importance of and availability of the instructional training required
by Sec. 1515.15, and the importance of the age recommendation for the
particular model. This introductory message shall contain, at a
minimum, the following statement:
Failure to follow the warnings contained in this manual can
result in SERIOUS INJURY or DEATH
(6) An introductory notice to parents emphasizing that an ATV is
not a ``toy,'' the importance of children completing the instructional
training required by Sec. 1515.15 of this part, and the importance of
children understanding and following the instructions and warnings
contained in the manual. This introductory statement shall also
contain, at a minimum, the following statement:
Children differ in skills, physical abilities, and judgment.
Some children may not be
[[Page 45955]]
able to operate an ATV safely. Parents should supervise their
children's use of the ATV at all times.
(7) An introductory safety section which, at a minimum, contains
the following safety messages in the form shown:
AN ATV IS NOT A TOY AND CAN BE HAZARDOUS TO OPERATE. An ATV
handles differently from other vehicles including motorcycles and
cars. A collision or rollover can occur quickly, even during routine
maneuvers such as turning and driving on hills or over obstacles, if
you fail to take proper precautions.
SEVERE INJURY OR DEATH can result if you do not follow these
instructions:
1. Read this manual and all labels carefully and follow the
operating procedures described.
2. Never operate an ATV without proper instruction. Take a
training course. Contact an authorized ATV dealer to find out about
the training courses near you.
3. Always follow the age recommendations for this ATV.
4. Never allow a child under 16 to operate an ATV without adult
supervision, and never allow continued use of an ATV by a child if
he or she does not have the abilities to operate it safely.
5. Never carry a passenger on an ATV, unless it is a two-person
ATV.
6. Never operate an ATV on any paved surfaces, including
sidewalks, driveways, parking lots and streets.
7. Never operate an ATV on any public street, road or highway,
even a dirt or gravel one.
8. Never operate an ATV without wearing an approved helmet that
fits properly. You should also wear eye protection (goggles or face
shield), gloves, boots, long-sleeved shirt or jacket, and long
pants.
9. Never consume alcohol or drugs before or while operating an
ATV.
10. Never operate at excessive speeds. Always go at a speed that
is proper for the terrain, visibility and operating conditions, and
your experience.
11. Never attempt wheelies, jumps, or other stunts.
12. Always inspect your ATV each time you use it to make sure it
is in safe operating condition. Always follow the inspection and
maintenance procedures and schedules described in this manual.
13. Always keep both hands on the handlebars and both feet on
the footpegs of the ATV during operation.
14. Always go slowly and be extra careful when operating on
unfamiliar terrain. Always be alert to changing terrain conditions
when operating the ATV.
15. Never operate on excessively rough, slippery or loose
terrain until you have learned and practiced the skills necessary to
control the ATV on such terrain. Always be especially cautious on
these kinds of terrain.
16. Always follow proper procedures for turning as described in
this manual. Practice turning at low speeds before attempting to
turn at faster speeds. Do not turn at excessive speed.
17. Never operate the ATV on hills too steep for the ATV or for
your abilities. Practice on smaller hills before attempting larger
hills.
18. Always follow proper procedures for climbing hills as
described in this manual. Check the terrain carefully before you
start up any hill. Never climb hills with excessively slippery or
loose surfaces. Shift your weight forward. Never open the throttle
suddenly or make sudden gear changes. Never go over the top of any
hill at high speed.
19. Always follow proper procedures for going down hills and for
braking on hills as described in this manual. Check the terrain
carefully before you start down any hill. Shift your weight
backward. Never go down a hill at high speed. Avoid going down a
hill at an angle that would cause the vehicle to lean sharply to one
side. Go straight down the hill where possible.
20. Always follow proper procedures for crossing the side of a
hill as described in this manual. Avoid hills with excessively
slippery or loose surfaces. Shift your weight to the uphill side of
the ATV. Never attempt to turn the ATV around on any hill until you
have mastered the turning technique described in this manual on
level ground. Avoid crossing the side of a steep hill if possible.
21. Always use proper procedures if you stall or roll backwards
when climbing a hill. To avoid stalling, use proper gear and
maintain a steady speed when climbing a hill. If you stall or roll
backwards, follow the special procedure for braking described in
this manual. Dismount on the uphill side or to a side if pointed
straight uphill. Turn the ATV around and remount, following the
procedure described in this manual.
22. Always check for obstacles before operating in a new area.
Never attempt to operate over large obstacles, such as large rocks
or fallen trees. Always follow proper procedures when operating over
obstacles as described in this manual.
23. Always be careful when skidding or sliding. Learn to safely
control skidding or sliding by practicing at low speeds and on
level, smooth terrain. On extremely slippery surfaces, such as ice,
go slowly and be very cautious in order to reduce the chance of
skidding or sliding out of control.
24. Never operate an ATV in fast flowing water or in water
deeper than that specified in this manual. Remember that wet brakes
may have reduced stopping ability. Test your brakes after leaving
water. If necessary, apply them several times to let friction dry
the linings.
25. Always be sure there are no obstacles or people behind you
when you operate in reverse. When it is safe to proceed in reverse,
go slowly.
26. Always use the size and type tires specified in this manual.
Always maintain proper tire pressure as described in this manual.
27. Never modify an ATV through improper installation or use of
accessories.
28. Never exceed the stated load capacity for an ATV. Cargo
should be properly distributed and securely attached. Reduce speed
and follow instructions in the manual for carrying cargo or pulling
a trailer. Allow greater distance for braking.
FOR MORE INFORMATION ABOUT ATV SAFETY, visit the CPSC website at
www.cpsc.gov or call the Consumer Product Safety Commission at 1-
800-638-2772, or [insert contact number for manufacturer].''
(8) An appropriate table of contents identifying the major portions
of the manual.
(9) Descriptions of the location of warning labels on the ATV and
an introductory statement emphasizing the importance of understanding
and following the labels and the importance of keeping the labels on
the ATV. The introductory statement shall also contain instructions on
how to obtain a replacement label in the event any label becomes
difficult to read. These instructions shall include a toll-free
telephone number that can be called to obtain a replacement label.
(10) A toll-free telephone number, or other no cost means, for the
owner of the ATV to contact the manufacturer to report safety issues
and/or seek information on the proper, safe operation of the ATV.
(11) A description of pre-operating inspection procedures and a
statement emphasizing the importance of these procedures.
(12) A description of proper operating procedures and of potential
hazards associated with improper operation of the ATV. The section of
each manual devoted to describing proper operating procedures shall
include material addressing in narrative text form and in appropriate
detail all of the topics addressed in paragraph (b)(7) of this section.
Such narrative text shall identify particular potential hazards
associated with the types of operation or behavior in question, the
possible consequences of such operation or behavior, and shall describe
the manner in which the vehicle should be properly operated to avoid or
reduce the risk associated with such hazards. Such narrative text shall
include warning statements and corresponding illustrations in
conformance with the requirements of this section. The language of the
narrative sections accompanying each warning shall not contradict any
information contained in the warning section and shall be written to
draw attention to the warning.
(13) Descriptions of proper maintenance, storage, and
transportation procedures.
(14) On the outside back cover, the contents of the general warning
label required by Sec. 1515.10(a).
Sec. 1515.14 Safety video.
(a) General. The retailer shall provide the purchaser with a safety
video at or before the completion of the purchase
[[Page 45956]]
transaction. The safety video shall be designed to communicate to an
audience consisting of prospective purchasers and users, including
children between the ages of 9 and 16, and their parents.
(b) Title. The title of the safety video shall indicate that the
video provides safety information concerning ATV operation.
(c) Content. The safety video shall communicate the following:
(1) The contents of the hang tag described in Sec. 1515.11;
(2) The concept that a person operating an ATV should know his or
her limitations and not attempt to perform any maneuver or traverse any
terrain if performing the maneuver or operating on the terrain is
beyond that person's capabilities and experience;
(3) The importance of practicing and gradually progressing from
basic to more complex maneuvers; and
(4) The importance of keeping alert at all times and the concept
that even a brief distraction can lead to loss of control resulting in
a severe or fatal accident.
(5) ATV-related death and injury statistics both for all riders and
for children under the age of 16. The video may use rolling five-year
averages, and the statistics only need to be up-dated if there is a
statistically significant change in either the death or injury
statistics. Such change shall be noted in the subsequent video.
(d) Dramatization. All dramatizations designed to communicate any
of the concepts set forth in the preceding subsection shall be
unambiguous. To avoid ambiguity and ensure clarity, dramatizations
shall:
(1) In the case of dramatizations that show an accident occurring,
averted, or about to occur, the video shall contain no intervening
events that detract from communication of the hazard (for example, the
presence of an obstacle on a paved surface when communicating the
hazard of operating on a paved surface, or a person running in front of
an ATV when communicating the hazard of carrying passengers on a youth
ATV or a single rider adult ATV); and
(2) in the case of dramatizations that show either the conduct,
terrain, or maneuvers that a person should avoid, or the conduct that a
person should observe, the video shall also unequivocally state the
relevant safety message, either verbally by means of lines spoken by a
screen character or narrator, in written form, or both.
(e) Format. The safety video shall be made available in at least
one commonly used format, e.g., VHS or DVD, and the purchaser shall be
given the option at no cost of procuring the safety video in at least
one format other than the one originally supplied with the ATV at the
time of purchase.
(f) Retention. The manufacturer shall retain a copy of the safety
video until five years after the model to which applies ceases to be in
production. The manufacturer shall make the video available to CPSC
upon request.
1515.15 Instructional training.
(a) General. The manufacturer shall provide to the purchaser at no
charge a training course for the purchaser and each member of the
purchaser's immediate family who meets or exceeds the minimum age
recommendation for the ATV in question. The training course shall be
provided in the form of one certificate valid for the purchaser and
each qualifying member of the purchaser's immediate family redeemable
at no cost for attendance at a training course meeting the requirements
of this section.
(b) Form of certificate. Each certificate shall identify the VIN or
PIN number and category of ATV (i.e. Junior, Pre-teen, or Teen) to
which it pertains and shall have no expiration date. In addition the
certificate shall include a toll-free telephone number or other readily
useable means for the purchaser to contact the training organization to
arrange for training.
(c) Retailer responsibility. The retailer shall provide the
certificate to the purchaser at the time of purchase and shall obtain
the purchaser's signature on the training availability form shown in
Figure 4 of this part. The retailer shall retain the signed original of
the training availability form and shall provide the purchaser and the
manufacturer of the ATV with a copy.
(d) Course content. The training curriculum shall, at a minimum,
address the following:
(1) The risks of ATV-related deaths and injuries (risk awareness).
(2) The role of safety equipment, including identifying suitable
equipment, properly using equipment, and understanding why it is used.
(3) Rider responsibilities, including:
(i) Why children/youths should not ride adult ATVs;
(ii) Why all ATV users should take a hands-on safety training
course;
(iii) Why one should never ride a youth ATV or non-tandem adult ATV
with a passenger or as a passenger;
(iv) Why one should never drive an ATV on paved roads;
(v) Why one should always wear a helmet and other protective gear
while on an ATV; and
(vi) Why one should never drive an ATV while under the influence of
alcohol or drugs.
(4) Identifying displays and controls;
(5) Recognizing limitations, including inclines and rider
abilities;
(6) Evaluating a variety of situations to predict proper course of
action, including terrain obstacles and behavior of other riders;
(7) Demonstrating successful learning of riding skills, including:
(i) Starting and stopping;
(ii) negotiating turns, including gradual, sharp, and quick turns,
weaving, and evasive maneuvers;
(iii) Stopping in a turn;
(iv) Emergency braking while straight and while turning.
(v) Negotiating full track and partial track obstacles.
(vi) Negotiating hills, including ascending, descending,
traversing, and emergency situations; and
(vii) Combining skills together in a non-predictable manner (i.e.
trail ride or free riding period with instructor supervision and
critique).
(e) Course structure. The course shall include classroom, field,
and trail activities.
(f) Course duration. The course duration shall be sufficient to
cover the topics noted in this section and allow for each student to
individually master the riding skills addressed in the course at the
level commensurate with the terrain at the location of the course, and
allow for written and riding skills tests.
(g) Course accessibility. The course shall be provided within a
reasonable time from the date of purchase of the ATV and a reasonable
distance from the place of purchase of the ATV.
Subpart D--Certification/Testing/Recordkeeping
Sec. 1515.16 Certification.
(a) At the location of the VIN or PIN number, the following
statement shall be made: ``The manufacturer certifies that this ATV
complies with all applicable requirements of 16 CFR part 1515.''
(b) The VIN or PIN number and compliance statement shall meet the
durability requirements of Underwriters Laboratories Standard UL 969,
fourth edition, October 3, 1995.
Sec. 1515.17 Testing.
Each manufacturer of ATVs subject to this part shall perform or
cause to be performed testing sufficient to demonstrate on an
objectively reasonable basis that each ATV produced by that
manufacturer meets the performance requirements of Sec. Sec. 1515.4
through 1515.9.
[[Page 45957]]
Sec. 1515.18 Recordkeeping.
(a) Manufacturer requirements. Each manufacturer (the importer is
considered a manufacturer for purposes of this part) of ATVs subject to
this part shall:
(1) Maintain records in English sufficient to demonstrate that each
ATV produced by that manufacturer complies with the requirements of
this part;
(2) Unless otherwise specified, retain records required by this
part for a period of at least five (5) years after production of the
model of ATV to which the records pertain ceases;
(3) Maintain records required by this part at a location in the
United States; and
(4) Make records required by this part available for inspection at
the request of a duly authorized representative of the U.S. Consumer
Product Safety Commission.
(b) Retailer requirements. Each retailer of ATVs subject to this
part shall:
(1) Maintain the original of each age acknowledgment required by
Sec. 1515.12 and each acknowledgment of training availability required
by Sec. 1515.15 for a period of at least five (5) years after the date
of purchase of the ATV to which the acknowledgments pertain;
(2) Maintain records required by this section at a location in the
United States; and
(3) Make records required by this section available for inspection
at the request of a properly authorized representative of the U.S.
Consumer Product Safety Commission.
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Dated: August 1, 2006.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
[Note: The following appendix will not appear in the Code of Federal
Regulations]
List of Relevant Documents
1. Briefing memorandum from Elizabeth Leland, Project Manager,
Directorate for Economic Analysis, to the Commission, ``All-Terrain
Vehicles: CPSC Staff Proposals for Consideration'' May 31, 2006.
2. Memorandum from Elizabeth W. Leland, Economic Analysis, CPSC,
to Jacqueline Elder, Assistant Executive Director for Hazard
Identification and Reduction, ``October 14, 2005, All-Terrain
Vehicle (ATV) Advance Notice of Proposed Rulemaking (ANPR): CPSC
Staff Response to Comments,'' May 23, 2006.
3. Report from Robin L. Ingle, Directorate for Epidemiology,
Division of Hazard Analysis, CPSC, ``2004 Annual Report of ATV
Deaths and Injuries,'' September 2005.
4. Memorandum from Terrance R. Karels, Directorate for Economic
Analysis, CPSC, to Elizabeth W. Leland, EC, Project Manager, ATVs,
``Current Market Conditions--ATVs'', May 23, 2006.
5. Memorandum from Caroleene Paul, Division of Mechanical
Engineering, Directorate for Engineering Sciences, CPSC, to
Elizabeth Leland, Project Manager, ATV Safety Review Team, ``Draft
Proposed Requirements for All-Terrain Vehicles (ATVs),'' May 23,
2006.
6. Memorandum from Hope E. Johnson, Engineering Psychologist,
Division of Human Factors, Directorate for Engineering Sciences,
CPSC, to Elizabeth Leland, Project Manager ATV Team, ``ATV Age
Guidelines,'' May 23, 2006.
7. Memorandum from Sarah B. Brown, Engineering Psychologist,
Division of Human Factors, Directorate for Engineering Sciences,
CPSC, to Elizabeth Leland, Project Manager, ATV Project, ``ATV
Lighting,'' May 22, 2006.
8. Report from Robert Franklin, Directorate for Economic
Analysis, CPSC, ``All Terrain Vehicle Mandatory Standard:
Preliminary Regulatory Analysis'', May 2006.
9. Report from Robert Franklin, Directorate for Economic
Analysis, CPSC, ``All Terrain Vehicles: Initial Regulatory
Flexibility Analysis,'' May 2006.
10. Memorandum from Timothy P. Smith, Engineering Psychologist,
Division of Human Factors, Directorate for Engineering Sciences,
CPSC, ``Minimum requirements for ATV hang tags, product labels, and
manual warnings,'' May 23, 2006.
11. Memorandum from Timothy P. Smith, Engineering Psychologist,
Division of Human Factors, Directorate for Engineering Sciences,
CPSC, ``Recommended disclosure statement for adult-ATV purchasers,''
May 23, 2006.
12. Memorandum from Hope E. Johnson, Engineering Psychologist,
Division of Human Factors, Directorate for Engineering Sciences,
``ATV Training,'' May 17, 2006.
13. Memorandum from Robin L. Ingle, Health Statistician, Hazard
Analysis Division, Directorate for Epidemiology, CPSC, ``Explanation
of Trained ATV Rider Risk Statement,'' April 11, 2006.
14. Memorandum from Tanya Topka, Compliance Officer, Recalls and
Compliance Division, CPSC Office of Compliance, ``Three-Wheeled All-
Terrain Vehicles,'' May 22, 2006.
[FR Doc. 06-6703 Filed 8-9-06; 8:45 am]
BILLING CODE 6355-01-P