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Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Proposed Rules
Rockville, MD 20850; telephone: 301
9872327; email: hlim@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background The CPSC is aware of numerous injuries and deaths resulting from fire hazards associated with all-terrain vehicles ATVs, recreational offhighway Vehicles ROVs, and Utility Terrain or Utility Task Vehicles UTVs, and from debris-penetration hazards associated with ROVs and UTVs. For the purposes of this rulemaking proceeding, we collectively refer to these three vehicle types as off-highway vehicles, or OHVs.
CPSC staffs review of incident data from January 1, 2003 through December 31, 2020 in CPSCs Consumer Product Safety Risk Management System CPSRMS identified 28 fatalities and 264 injuries from fire-related OHV
hazards, and 6 fatalities and 20 injuries 1
from debris-penetration OHV hazards.
From the National Electronic Injury Surveillance System NEISS database, CPSC staff estimates there were 14,200
emergency department-treated injuries from 2007 to 2019 based on a sample size of 282 associated with OHV fire, thermal, and burn hazards without indication of a crash or related event.
The current voluntary standards for the three OHV types are:
ANSI/SVIA 12017 Four-Wheel AllTerrain VehiclesEquipment, Configurations, and Performance Requirements developed by Specialty Vehicle Institute of America SVIA for ATVs and incorporated by reference as a mandatory standard in 16 CFR 1420.3;
ANSI/ROHVA 12016
Recreational Off-Highway Vehicles; and ANSI/OPEI B71.92016American National Standard for Multipurpose OffHighway Utility Vehicles.
The current voluntary standards for ROVs and UTVs, ANSI/ROHVA12016
and ANSI/OPEI B71.92016, respectively, do not have requirements that address fire hazards or debrispenetration hazards. The current voluntary standard for ATVs, ANSI/
SVIA 12017, does not include requirements that address fire hazards.
CPSC staff has met with representatives from ROHVA, SVIA, and 1 Note that two of the 20 injuries related to OHV
debris-penetration hazards came from the NEISS
data.

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OPEI on multiple occasions, beginning in September 2018, to discuss the development of requirements to address the risk of fire and debris-penetration hazards. CPSC staff believes that significant progress has been made in discussing possible fire preventative standard requirements, but to date the standard development organizations have not proposed any fire preventative standard requirements. In addition, there has been no discussion on possible debris-penetration mitigation standard requirements.
The Commission is considering developing a mandatory standard or standards to reduce the risk of injury associated with OHV fire and debrispenetration hazards. Commission staff prepared a briefing package to describe the products at issue, assess the relevant incident data, describe the hazards, examine relevant voluntary standards, and discuss regulatory alternatives for addressing the risk associated with OHV
fire and debris-penetration hazards.
That briefing package is available at:
https www.cpsc.gov/s3fs-public/
Advance-Notice-of-ProposedRulemaking-Regarding-Off-HighwayVehicles.pdf.
B. Statutory Authority A rulemaking addressing the fire and debris-penetration hazards associated with ROVs and UTVs falls under the authority of the CPSA. 15 U.S.C. 2051
2084. A rulemaking addressing the fire hazards associated with ATVs is subject to section 42b3 of the CPSA. Section 42b3 provides that for CPSC-initiated changes to the mandatory standard for ATVs, 15 U.S.C. 2089, the Commission must make findings required by sections 7 and 9 of the CPSA, 15 U.S.C. 2056 and 2058. Thus, a Commission-initiated rulemaking addressing the fire hazards associated with ATVs would also fall under sections 7 and 9 of the CPSA.
Because of the three vehicle types and two different hazard patterns involved in this rulemaking, it is possible the Commission will divide this rulemaking into separate rulemakings at the notice of proposed rulemaking NPR stage.
Under section 7 of the CPSA, the Commission may issue a consumer product safety standard if the requirements of the standard are reasonably necessary to prevent or reduce an unreasonable risk of injury associated with a product. 15 U.S.C.

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2056a. The safety standard may consist of performance requirements or requirements for warnings and instructions. Id. However, if there is a voluntary standard that would adequately reduce the risk of injury the Commission seeks to address, and there is likely to be substantial compliance with that standard, then the Commission must rely on the voluntary standard, instead of issuing a mandatory standard. 15 U.S.C. 2056b1. To issue a mandatory standard under section 7, the Commission must follow the procedural and substantive requirements in section 9 of the CPSA.
15 U.S.C. 2056a.
Under section 9 of the CPSA, the Commission may begin rulemaking by issuing an ANPR. 15 U.S.C. 2058a. The ANPR must identify the product and the nature of the risk of injury associated with it; summarize the regulatory alternatives the Commission is considering; and include information about any relevant existing standards, and why the Commission preliminarily believes those standards would not adequately reduce the risk of injury associated with the product. The ANPR
must also invite comments concerning the risk of injury and regulatory or other possible alternatives for addressing the risk, and invite the public to submit existing standards or a statement of intent to modify or develop a voluntary standard to address the risk of injury. Id.
After publishing an ANPR, the Commission may proceed with rulemaking by reviewing the comments received in response to the ANPR and publishing an NPR. An NPR must include the text of the proposed rule, alternatives the Commission is considering, a preliminary regulatory analysis describing the costs and benefits of the proposed rule and the alternatives, and an assessment of any submitted standards. 15 U.S.C. 2058c.
The Commission would then review comments on the NPR and decide whether to issue a final rule, along with a final regulatory analysis.
C. The Product For purposes of this rulemaking, OHVs include: ATVs, ROVs, and UTVs.
The scope of this rulemaking does not include golf cars, personal transport vehicles PTVs, low-speed vehicles, or dune buggies.

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