8336 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations 
Fitzgerald, GA, Fitzgerald Muni, LOC RWY 2, 
Amdt 2 
Fitzgerald, GA, Fitzgerald Muni, NDB RWY 
2, Amdt 2 
Fitzgerald, GA, Fitzgerald Muni, RNAV (GPS) 
RWY 2, Amdt 2 
Council Bluffs, IA, Council Bluffs Muni, 
RNAV (GPS) RWY 14, Amdt 3 
Council Bluffs, IA, Council Bluffs Muni, 
RNAV (GPS) RWY 32, Amdt 1 
Chicago/Lake in the Hills, IL, Lake in the 
Hills, RNAV (GPS) RWY 8, Orig-A 
Chicago, IL, Chicago Midway Intl, RNAV 
(RNP) Y RWY 31C, Orig-B 
Gary, IN, Gary/Chicago Intl, RNAV (GPS) Y 
RWY 12, Amdt 2 
New Castle, IN, New Castle-Henry Co Muni, 
NDB RWY 10, Orig 
New Castle, IN, New Castle-Henry Co Muni, 
NDB OR GPS RWY 9, Amdt 5C, 
CANCELED 
New Castle, IN, New Castle-Henry Co Muni, 
RNAV (GPS) RWY 9, Orig-A, CANCELED 
New Castle, IN, New Castle-Henry Co Muni, 
RNAV (GPS) RWY 10, Orig 
New Castle, IN, New Castle-Henry Co Muni, 
RNAV (GPS) RWY 27, Orig-B, CANCELED 
New Castle, IN, New Castle-Henry Co Muni, 
RNAV (GPS) RWY 28, Orig 
New Castle, IN, New Castle-Henry Co Muni, 
Takeoff Minimums and Obstacle DP, Amdt 
1 
New Castle, IN, New Castle-Henry Co Muni, 
VOR RWY 27, Amdt 10A, CANCELED 
Leonardtown, MD, St Mary’s County Rgnl, 
RNAV (GPS) RWY 11, Amdt 2 
Detroit, MI, Willow Run, ILS OR LOC RWY 
5R, Amdt 16 
Detroit, MI, Willow Run, RNAV (GPS) RWY 
5R, Amdt 2 
Detroit, MI, Willow Run, RNAV (GPS) RWY 
23R, Amdt 1B 
Hastings, MI, Hastings, Takeoff Minimums 
and Obstacle DP, Amdt 6 
Brownfield, TX, Terry County, RNAV (GPS) 
RWY 2, Amdt 1 
Brownfield, TX, Terry County, RNAV (GPS) 
RWY 20, Amdt 1 
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson 
Field, RADAR 1, Amdt 2 
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson 
Field, RNAV (GPS) RWY 9, Amdt 1B 
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson 
Field, RNAV (GPS) RWY 13, Amdt 1B 
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson 
Field, RNAV (GPS) RWY 27, Orig-C 
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson 
Field, RNAV (GPS) RWY 31, Amdt 1B 
Cheyenne, WY, Cheyenne Rgnl/Jerry Olson 
Field, VOR OR TACAN–A, Amdt 10B RESCINDED: On January 26, 2018 (83 FR 
3572), the FAA Published an Amendment in Docket No. 31175, Amdt No. 3783, to Part 97 of the Federal Aviation Regulations Under Section 97.23, 97.29, and 97.33. The Following Entries for East Tawas, MI, Duluth, MN, and Dayton, OH, Effective March 29, 2018, Are Hereby Rescinded in Their Entirety: East Tawas, MI, Iosco County, VOR–A, Amdt 
8, CANCELED 
Duluth, MN, Duluth Intl, COPTER ILS OR 
LOC RWY 27, Amdt 2B 
Duluth, MN, Duluth Intl, ILS OR LOC RWY 
9, ILS RWY 9 (SA CAT I), ILS RWY 9 (CAT II), Amdt 22B Duluth, MN, Duluth Intl, ILS OR LOC RWY 
27, Amdt 10C 
Dayton, OH, James M Cox Dayton Intl, ILS 
OR LOC RWY 18, Amdt 10A 
Dayton, OH, James M Cox Dayton Intl, ILS 
OR LOC RWY 24L, Amdt 10A 
Dayton, OH, James M Cox Dayton Intl, ILS 
OR LOC RWY 24R, Amdt 10A 
[FR Doc. 2018–03528 Filed 2–26–18; 8:45 am] 
BILLING CODE 4910–13–P 
CONSUMER PRODUCT SAFETY 
COMMISSION 
16 CFR Part 1420 
[CPSC Docket No. 2017–0032] 
All-Terrain Vehicles 
AGENCY : Consumer Product Safety 
Commission. 
ACTION : Final rule. 
SUMMARY : The Consumer Product Safety 
Act (CPSA), as amended by the 
Consumer Product Safety Improvement Act of 2008 (CPSIA), required the Consumer Product Safety Commission (CPSC or the Commission) to publish, as a mandatory consumer product safety standard, the American National Standard for Four-Wheel All-Terrain Vehicles, developed by the Specialty 
Vehicle Institute of America (ANSI/ SVIA 1–2007). CPSC published that mandatory consumer product safety standard on November 14, 2008. ANSI/ SVIA issued a 2017 edition of its standard in June 2017. In accordance with the CPSA, CPSC is issuing this final rule to amend the Commission’s mandatory ATV standard to reference the 2017 edition of the ANSI/SVIA standard. 
DATES : This rule will become effective 
on January 1, 2019. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of January 1, 2019. 
FOR FURTHER INFORMATION CONTACT : 
Justin Jirgl, Compliance Officer, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: 301–504–7814; email: jjirgl@cpsc.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background and Statutory Authority 
Section 42 of the Consumer Product 
Safety Act (CPSA), as amended by section 232 of the CPSIA, directed the Commission to ‘‘publish in the Federal Register as a mandatory consumer 
product safety standard the American National Standard for Four-Wheel All- Terrain Vehicles Equipment Configuration, and Performance 
Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/ SVIA 1–2007).’’ 15 U.S.C. 2089(a)(1). Accordingly, on November 14, 2008, CPSC published a final rule, codified at 16 CFR part 1420, mandating ANSI/ SVIA 1–2007 as a consumer product safety standard. 73 FR 67385. 
Section 42(b) of the CPSA provides 
that, if ANSI/SVIA 1–2007 is revised after the Commission has published a Federal Register notice mandating the standard as a consumer product safety standard, ANSI must notify the Commission of the revision, and the Commission has 120 days after it receives that notification to issue a notice of proposed rulemaking to amend the Commission’s mandatory ATV standard ‘‘to include any such revision that the Commission determines is reasonably related to the safe performance of [ATVs] and notify the Institute of any provision it has determined not to be so related.’’ 15 U.S.C. 2089(b)(1) and (2). Thereafter, the Commission has 180 days after publication of the proposed amendment to publish a final amendment to revise the ATV standard. Id. On February 29, 
2012, the Commission revised part 1420, in accordance with the revision 
procedures set out in the CPSA, to reference the 2010 edition of the ANSI/ SVIA standard. 77 FR 12197. 
II. The Proposed and Final Rules 
On June 14, 2017, ANSI notified the 
Commission that the ANSI/SVIA 
standard had been revised in 2017, and that the new standard, ANSI/SVIA 1– 2017, was approved on June 8, 2017. On September 13, 2017, the Commission published a proposed rule (NPR), 82 FR 42962, to amend part 1420 to reference the 2017 edition of the ANSI/SVIA standard. In the NPR, the Commission described two material changes to ANSI/SVIA 1–2017, which compared to the 2010 edition of the standard, are reasonably related to the safe performance of ATVs: (A) Requirements for stop lamps or combination tail-stop lamps on all adult and transition category ATVs, and on all youth ATVs equipped with a head lamp or conspicuity lamp; and (B) requirements for reflectors for all categories of ATVs. 82 FR at 42961. These revisions have not changed for the final rule. 
A. Stop Lamps and Reflectors 
ANSI/SVIA 1–2017 Section 4.17, 
Lighting & Reflective Equipment, 
requires that all categories of ATVs be equipped with reflectors, all adult and transition ATVs be equipped with stop 
VerDate Sep<11>2014 18:04 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1daltland on DSKBBV9HB2PROD with RULES8337 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations 
1All-Terrain Vehicles: Final Rule Amending 
Consumer Product Safety Standard, dated February 
8, 2012. Retrieved from: https://www.cpsc.gov/s3fs- public/pdfs/foia_ atvfinal.pdf. lamps, and that all youth ATVs already 
equipped with a head lamp or conspicuity lamp also be equipped with stop lamps. 
1. Stop Lamps 
ANSI/SVIA 1–2017 requires stop 
lamps or combination tail-stop lamps on 
all adult and transition category ATVs, and on all youth ATVs equipped with a head lamp or conspicuity lamp. In May 2015, CPSC requested that SVIA consider adding requirements relating to stop lamps to increase the detectability of ATVs, based on a preliminary analysis of 2007 ATV fatality data involving two ATVs colliding. CPSC staff worked with SVIA to develop the stop lamp requirements contained in ANSI/SVIA 1–2017. The stop lamp requirements in ANSI/SVIA 1–2017 are intended to improve the optional provision for stop lamps in the 2010 edition of the voluntary standard, to reduce rear-end collisions related to non-detection of a vehicle braking. 
2. Reflectors 
ANSI/SVIA 1–2017 requires one 
amber reflector on each side of the ATV 
(mounted as far forward as practicable), one red reflector on each side of the ATV (mounted as far rearward as practicable), one red reflector on the rear of the vehicle, and one white reflector on the front of the ATV, if not equipped with a headlamp or conspicuity light. These requirements are for all categories of ATV. The NPR 
reviewed that reflector use may increase the detectability of ATVs, citing CPSC staff’s review of 331 fatal ATV-related vehicular collision incidents that found that more than 30 percent of these incidents occurred at night and an additional 5 percent occurred in low light (i.e., dusk). Moreover, CPSC’s 
review of data demonstrate that fatalities occur when ATVs cross public roads between fields or trails. Although many factors contribute to incidents, increasing the visibility of ATVs at night will raise the likelihood that the driver of an oncoming vehicle will detect the ATV. Early detection of an ATV may allow the driver of an oncoming vehicle sufficient time to react and avoid a collision. 
In May 2015, CPSC requested that 
SVIA consider adding requirements relating to reflectors, and worked with SVIA in developing the reflector requirements contained in ANSI/SVIA 1–2017. The ANSI/SVIA 1–2017 reflector requirements are intended to increase the visibility of an ATV at night and may reduce vehicular collisions related to non-detection of other vehicles. The Commission now reviews the 
comments on the NPR, and finalizes the 
amendment to part 1420, updating the reference in part 1420 to ANSI/SVIA 1– 1017, as described herein. 
III. Response to Comments 
The Commission received 32 
comments on the NPR. However, 26 
comments were about renewable energy and climate issues, and thus, were not related to the proposed amendment of the consumer product safety standard for ATVs. Of the remaining six comments relevant to the NPR, three agreed with the proposed rule, two opposed the proposed rule, and one commented on the proposed effective date. 
Below the Commission summarizes 
and responds to the significant issues raised in the relevant comments. 
A. Comment Regarding the Effective 
Date of the Final Rule 
Comment: The SVIA objected to the 
proposed 60-day effective date specified in the NPR. SVIA noted that although the CPSIA requires the Commission to issue an NPR within 120 days of receiving notification of the revised ANSI/SVIA standard, the Commission 
issued the NPR within 90 days of notification, on September 13, 2017, instead of closer to the statutory deadline of October 12, 2017. SVIA added that although the Commission is required to publish a final rule by March 12, 2018, the Commission could issue the final rule earlier. SVIA contended that the Commission’s ability to issue the final rule earlier than the statutory deadline presents an uncertainty in the effective date, which makes it difficult for ATV manufacturers to plan for compliance. SVIA requested that the effective date of the final rule apply to ATVs beginning with the 2019 model year, to accommodate changes to the design of certain ATVs. 
Moreover, SVIA stated that 
modifications to meet the new standard require ‘‘changes to the electrical system and will require new engineering, designing, fabricating, and testing of reflectors and mounting brackets, all of which must be arranged significantly in advance of implementation.’’ SVIA noted that to meet the proposed 60-day effective date, all of these changes must be done before ATVs are imported and would apply to 2018 model year ATVs, which have already been designed and are under production, and may be awaiting shipment. SVIA contended that a 60-day effective date would also impose a financial burden on manufacturers, contrary to CPSC’s statement that the proposed rule would not pose a significant impact on small manufacturers. 
Response: The Commission cannot set 
an effective date based on a model year for several reasons. First, effective dates for Commission rules are set by providing a calendar date based on the date of publication of a final rule. Second, manufacturers have varying schedules for manufacturing, importing, and distributing model years, making enforcement of a rule based on a model year more difficult. For enforcement purposes, and for clarity for consumers, the final rule provides an effective date that is a specific calendar date. 
Note that when the Commission 
amended the mandatory standard for ATVs in 2012, the seven major distributors of ATVs requested that the amended mandatory standard be effective for 2013 model year ATVs, or alternatively, 60 days after publication of the final rule.
1In the 2012 
rulemaking, CPSC responded that tying the effective date to a particular model year was problematic because vehicle model years do not begin and end on the same date for each company. Based on this previous experience, the Commission proposed a 60-day effective date for the final rule, believing that the revisions required to meet the revised standard were not substantial, and that such a date would correspond with planning for the 2019 model year. 82 FR 42962. 
SVIA’s comment on the current 
rulemaking, however, provides sufficient rationale to demonstrate why the proposed 60-day effective date is not suitable for all ATV manufacturers. Moreover, as explained above, the Commission’s intention was to align the effective calendar date of the final rule with the introduction of model year 2019 ATVs to the U.S. market. SVIA’s past comments indicate that planning for the 2019 model year has been under way since March 2017, and that model year 2019 vehicles will be released in the 2018 calendar year. 
Based on SVIA’s comments, the final 
rule establishes an effective date of January 1, 2019. A January 1, 2019 effective date will address staff’s enforcement concerns, as well as provide manufacturers with sufficient time to make the changes SVIA states are needed so that all vehicles manufactured or imported after that date comply with the final rule. 
VerDate Sep<11>2014 18:04 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1daltland on DSKBBV9HB2PROD with RULES8338 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations 
B. Comments Regarding Data Presented 
in the NPR 
Comment: Several commenters stated 
that the data presented in the NPR are insufficient to support the final rule. One commenter stated that the Commission failed to base the proposed requirement for rear-end lamps and reflectors on accurate or convincing statistics, noting: ‘‘Commission staff claims that this 13 incident-study provides proof that rear-end lamps would have prevented the pattern of rear-end collisions related to braking.’’ Another commenter stated that the final rule should include additional evidence regarding the number of fatalities that result from rear-end collisions and the benefits that will accrue if manufacturers are required to install stop lamps on ATVs. 
Focusing on the sufficiency of the 
data, one commenter argued that CPSC may exceed its authority to promulgate a rule because the majority of ATVs already have stop lamps, which does not support the conclusion that a stop lamp requirement is reasonably related to the safe performance of ATVs. Similarly, another commenter concluded that the proposed rule lacked ‘‘the factual or analytical basis’’ to support a rule, and therefore, was ‘‘arbitrary and capricious.’’ 
Response: Under section 42(b) of the 
CPSA, 15 U.S.C. 2089(b)(2), once notified by ANSI of a change to the voluntary standard for ATVs, the Commission is required to amend the consumer product safety standard for all-terrain vehicles to include any such revision that the Commission determines is reasonably related to the safe performance of all-terrain vehicles, and must notify ANSI of any provision the Commission determines not to be so related. This rulemaking follows the procedure required by the statute for the Commission to use when ANSI revises its voluntary standard. The Commission is not establishing its own consumer product safety standard under the requirements of sections 7 and 9 of the CPSA. 
Regarding the data presented in the 
NPR, staff’s analysis of the 2007 study identified 13 rear-end collisions, and staff noted that eight of the 13 incidents ‘‘illustrate the hazard of rear-end collisions related to braking.’’ Staff did not, and does not, represent that anecdotal incidents constitute ‘‘proof’’ of the effectiveness of stop lamps. 
The information provided in the NPR 
explained CPSC staff’s interactions with the voluntary standard organization, and provided context for why the Commission determined that the provisions in the voluntary standard are 
reasonably related to the safe performance of ATVs, which is the standard required by statute. Further, the National Highway Traffic Safety Administration (NHTSA) recognizes that conspicuity of a vehicle is related to the safety performance of vehicles in its Federal Motor Vehicle Safety Standards (FMVSS) for automobiles. Stop lamps and reflectors are specifically included in FMVSS 108 Lamps, reflective devices, and associated equipment and FMVSS 500 Low-speed vehicles as safety equipment. SVIA also recognizes conspicuity to be related to the safe performance of ATVs, and in the Annex of ANSI/SVIA 1–2017, specifically states that ‘‘conspicuity lights, tail lamps, and stop lamps can also be beneficial under certain riding conditions such as heavy brush, dusty or shaded trails, and similar low-light conditions’’ and that ‘‘reflex reflectors have been added for all categories of ATVs to aid in making ATVs more visible.’’ 
Based on the information described in 
the NPR and reviewed above, the Commission has no basis to conclude that the conspicuity changes to the ANSI standard are not reasonably related to the safe performance of ATVs. In the NPR, the Commission determined that increasing the conspicuity of an ATV helps an ATV to be seen by other vehicles in various lighting conditions. Accordingly, the Commission determined that voluntary standard provisions that increase ATV conspicuity are reasonably related to the safe performance of ATVs. By statute, the Commission is required to include such provisions in the mandatory consumer product safety standard. 
C. Comments Regarding the Scope of 
the Stop-Lamp Requirement 
Comment: Two commenters stated 
that the final rule should clarify the 
scope of the proposed stop-lamp requirement and provide rationale if the requirement only applies to adult and transition category ATVs. One commenter stated that the requirement for stop-lamps should be for ‘‘all categories of ATVs.’’ 
Response: ANSI/SVIA 1–2017 
requires stop lamps on all adult and transition ATVs, and on all youth ATVs equipped with a head lamp or conspicuity lamp. A youth ATV without any front lights does not require a stop lamp. By design, youth ATVs do not have the same speed and equipment capabilities as adult and transition ATVs. For example, not all youth ATVs are equipped with lights, nor do they have electrical systems that are robust enough to support front or rear lights. 
Accordingly, revisions to the voluntary standard require reflectors on all categories of ATVs, but the revisions only require stop lamps on youth ATVs when it is technically feasible to do so. This approach in the voluntary standard is a practical technical solution for increasing conspicuity of youth ATVs. 
The final consumer product safety 
standard for ATVs (16 CFR part 1420) will require that ATVs comply with the applicable provisions of the 2017 revision of ANSI/SVIA, 1 American National Standard for Four Wheel All- Terrain Vehicles. Therefore, the mandatory standard for ATVs will require stop lamps on all adult and 
transition ATVs, and also require them on all youth ATVs equipped with a head lamp or conspicuity lamp. 
D. Comment on the Burden Imposed by 
the Final Rule 
Comment: One commenter stated that 
the Commission did not adequately consider the burden on industry if the final rule is implemented, stating that the NPR ‘‘disregards the fact that adopting these new standards will impose financial hardship on ATV manufacturers.’’ This commenter suggested that, in lieu of the final rule, ‘‘the Commission implement a mandatory licensing program that teaches ATV safety.’’ 
Response: The commenter provided 
no information or data for CPSC to evaluate regarding the alleged hardship to industry. SVIA stated that manufacturer planning for 2019 model year ATVs is under way and that manufacturers intend to meet the requirements of ANSI/SVIA 1–2017 for the 2019 model year. Other than the effective date issue discussed above, the Commission did not receive any comments from any ATV manufacturer or SVIA to support the contention that implementation of the final rule will impose a financial hardship. As discussed above, the final rule sets January 1, 2019 as the effective date to address SVIA’s concern. 
Regarding the suggestion that the 
Commission establish a licensing and instruction program, such action is outside the jurisdiction of the CPSC’s authority. The authority to implement any licensing requirements for ATV drivers rests with the states. 
IV. Description of the Final Rule 
The final rule revises 16 CFR 
1420.3(a), ‘‘Requirements for four-wheel 
ATVs’’ to incorporate by reference the ANSI/SVIA 1–2017 standard, instead of the ANSI/SVIA 1–2010 version. ANSI/ SVIA 1–2017 contains requirements and 
VerDate Sep<11>2014 18:04 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1daltland on DSKBBV9HB2PROD with RULES8339 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations 
test methods relating to ATVs, including 
vehicle equipment and configuration, vehicle speed capability, brake performance, pitch stability, electromagnetic compatibility, and sound level limits. Revisions incorporated into ANSI/SVIA 1–2017 are described in section II of this preamble. 
V. Effective Date 
Section 42(b) of the CPSA provides a 
timetable for the Commission to issue a 
notice of proposed rulemaking (within 120 days of receiving notification of a revised ANSI/SVIA standard) and to issue a final rule (within 180 days of publication of the proposed rule), but the statute does not set an effective date. The Commission proposed in the NPR that the final rule would take effect 60 days after publication of a final rule in the Federal Register, and it would apply 
to ATVs manufactured or imported on or after that date. However, based on the SVIA’s objection to a 60-day effective date, as discussed above in section III.A, the effective date for this final rule is January 1, 2019. Accordingly, all ATVs manufactured or imported on or after January 1, 2019, must comply with the final rule. 
VI. Regulatory Flexibility Act 
The Regulatory Flexibility Act (RFA) 
generally requires that agencies review 
a proposed rule for the rule’s potential economic impact on small entities, including small businesses. The NPR 
explained that the most significant changes to the voluntary standard involved requirements for brake- actuated stop lamps and reflectors, and that CPSC’s analysis demonstrated that the majority of ATVs already comply with these requirements. Consequently, the Commission anticipated that the cost of the changes required to bring ATVs that do not comply into compliance with the rule would be very low on a per-unit basis. The Commission certified that the rule would not have a significant impact on a substantial number of small entities. 82 FR at 42962. 
As discussed in section III.A of this 
preamble, the Commission received a comment from the SVIA stating that the proposed 60-day effective date could change the financial impact of the rule. In response, the Commission will provide additional time to comply with the final rule, setting January 1, 2019 as the effective date. Affording a later effective date should provide manufacturers sufficient time to incorporate any necessary changes during the normal planning and design of new model year ATVs. Accordingly, based on staff’s assessment using January 1, 2019 as the effective date, the Commission certifies that the final rule is unlikely to have a significant impact on a substantial number of small entities. 
VII. Paperwork Reduction Act 
The final rule does not impose any 
information collection requirements. 
Accordingly, this rule is not subject to the Paperwork Reduction Act, 44 U.S.C. 3501–3520. 
VIII. Environmental Considerations 
The Commission’s regulations 
provide a categorical exemption for the 
Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement as they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This final rule falls within the categorical exemption. 
IX. Incorporation by Reference 
Section 1420.3 of the final rule 
provides that ATVs must comply with 
ANSI/SVIA 1–2017. The OFR has regulations concerning incorporation by reference. 1 CFR part 51. These regulations require that, for a final rule, agencies must discuss in the preamble to the rule the way in which materials that the agency incorporates by reference are reasonably available to interested persons, and how interested parties can obtain the materials. Additionally, the preamble to the rule must summarize the material. 1 CFR 51.5(b). 
In accordance with the OFR’s 
requirements, the discussion in sections II, III, and IV of this preamble summarize the provisions of ANSI/SVIA 1–2017. ANSI/SVIA 1–2017 is copyrighted. Interested persons may purchase a copy of ANSI/SVIA 1–2017 from Specialty Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618–3806; telephone: 949–727–3727 ext. 3023; www.svia.org. One may also 
inspect a copy at CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone: 301–504–7923. 
X. Preemption 
Section 26(a) of the CPSA, 15 U.S.C. 
2075(a), provides that when a consumer 
product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a standard or regulation that prescribes requirements for the performance, composition, contents, design, finish, construction, packaging, or labeling of 
such product dealing with the same risk of injury unless the state requirement is identical to the federal standard. Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to the Commission for an 
exemption from this preemption under certain circumstances. Section 42(a)(1) of the CPSA refers to rules issued under that section as ‘‘consumer product safety standards.’’ Therefore, the preemption provision of section 26(a) of the CPSA applies to this final rule. 
XI. Notice of Requirements 
The CPSA establishes certain 
requirements for product certification 
and testing. Certification of children’s products subject to a children’s product safety rule must be based on testing conducted by a CPSC-accepted third- party conformity assessment body. 15 U.S.C. 2063(a)(2). The Commission is required to publish a notice of requirements (NOR) for the accreditation of third-party conformity assessment bodies to assess conformity with a children’s product safety rule to which a children’s product is subject. Id. 2063(a)(3). On August 27, 2010, the 
Commission published an NOR for accreditation of third-party conformity assessment bodies for testing ATVs designed or intended primarily for children 12 years of age or younger. 75 FR 52616. The 2017 revision to the ATV standard does not substantially alter third party conformance testing requirements for ATVs designed or intended primarily for children 12 years of age or younger. Accordingly, the NOR for third-party testing of youth ATVs remains unchanged. The Commission considers the existing accreditations that the Commission has accepted for testing to the ATV standard to also cover testing to the revised 2017 ATV standard. 
List of Subjects in 16 CFR Part 1420 
Consumer protection, Imports, 
Incorporation by reference, Infants and 
children, Information, Labeling, Law enforcement, Recreation and recreation areas, Reporting and recordkeeping requirements, Safety. 
For the reasons stated in the 
preamble, the Commission amends 16 CFR part 1420 as follows: 
PART 1420—REQUIREMENTS FOR 
ALL-TERRAIN VEHICLES 
■1. The authority citation for part 1420 
continues to read as follows: 
Authority: The Consumer Product Safety 
Improvement Act of 2008, Pub. Law 110–314, 
§ 232, 122 Stat. 3016 (August 14, 2008). 
VerDate Sep<11>2014 19:20 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1daltland on DSKBBV9HB2PROD with RULES8340 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations 
§ 1420.1 [Amended] 
■2. In the second sentence of § 1420.1, 
remove the words, ‘‘April 30, 2012’’, 
and add in their place ‘‘January 1, 2019’’. 
■3. Revise § 1420.3(a) to read as 
follows: 
§ 1420.3 Requirements for four-wheel 
ATVs. 
(a) Each ATV shall comply with all 
applicable provisions of the American 
National Standard for Four-Wheel All- Terrain Vehicles (ANSI/SVIA 1–2017), ANSI-approved on June 8, 2017. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from Specialty Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618–3806; telephone: 949–727–3727 ext. 3023; www.svia.org. You may 
inspect a copy at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD. 20814, telephone: 301–504–7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: www.archives.gov/federal- register/cfr/ibr-locations.html. 
* * * * * 
Alberta E. Mills, 
Secretary, Consumer Product Safety 
Commission. 
[FR Doc. 2018–03904 Filed 2–26–18; 8:45 am] 
BILLING CODE 6355–01–P 
CONSUMER PRODUCT SAFETY 
COMMISSION 
16 CFR Part 1500 
[CPSC Docket No. CPSC–2012–0036] 
Hazardous Substances and Articles; 
Administration and Enforcement Regulations: Corrections to Animal Testing Regulations 
AGENCY : Consumer Product Safety 
Commission. 
ACTION : Direct final rule. 
SUMMARY : The Consumer Product Safety 
Commission (CPSC or Commission) is issuing a direct final rule to correct its animal testing regulations under the Federal Hazardous Substances Act (FHSA). The rule reinserts text that was inadvertently omitted and corrects references. 
DATES : The rule is effective on April 30, 
2018, unless we receive significant adverse comment by March 29, 2018. If we receive timely significant adverse comment, we will publish notification in the Federal Register, withdrawing 
this direct final rule before its effective date. 
ADDRESSES : You may submit comments, 
identified by Docket No. CPSC–2012– 0036, by any of the following methods: 
Electronic Submissions: Submit 
electronic comments to the Federal eRulemaking Portal at: www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission 
encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. 
Written Submissions: Submit written 
submissions by mail/hand delivery/ courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7923. 
Instructions: All submissions received 
must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: www.regulations.gov. Do not submit 
confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing. 
Docket: For access to the docket to 
read background documents or comments received, go to: www.regulations.gov, and insert the 
docket number CPSC–2012–0036, into the ‘‘Search’’ box, and follow the prompts. 
FOR FURTHER INFORMATION CONTACT : 
Alice Thaler, Associate Executive Director for Health Sciences, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone (301) 987–2240; athaler@cpsc.gov. 
SUPPLEMENTARY INFORMATION : 
A. Background 
The Federal Hazardous Substances 
Act (FHSA), 15 U.S.C. 1261–1278, requires appropriate cautionary labeling on certain hazardous household substances to alert consumers to the potential hazards that a product may present. Among the hazards addressed by the FHSA are products that are toxic, corrosive, irritants, flammable, combustible, or strong sensitizers. The FHSA and the Commission’s regulations at 16 CFR part 1500 provide the definitions and test methods used to determine whether a substance is ‘‘hazardous’’ under the FHSA. Specifically, § 1500.3(b) of these regulations restates the statutory definitions that are in the FHSA. Section 1500.3(c) interprets, supplements, or provide alternatives to the statutory definitions. Section 1500.40 provides the method of testing toxic substances. 
On December 10, 2012, the CPSC 
amended and updated regulations on the CPSC’s animal testing methods under the FHSA (77 FR 73289). Among other things, the amendment to 16 CFR 1500.3 explained that alternative test methods exist that avoid, reduce, or refine animal testing to determine toxicity. At the same time, the CPSC codified its statement of policy on animal testing to reflect new test methods accepted by the scientific community, including recommendations of the Interagency Coordinating Committee on the Validation of Alternative Methods in a new section, 16 CFR 1500.232. (77 FR 73286). Sections 1500.3(c) and 1500.232 cross-reference each other. 
CPSC staff recently reviewed the 
animal testing regulations. Staff’s review showed that when CPSC revised the animal testing regulations, the definitions in 16 CFR 1500.3(c)(2)(i), inadvertently removed the definition of ‘‘acute toxicity’’ (oral, dermal, and inhalation). Before the 2012 amendment, this definition appeared at § 1500.3(c)(2)(i)(A) through (C). We are amending § 1500.3(c)(2)(i) to restore the ‘‘acute toxicity’’ definition. In addition, staff found that two other corrections are needed. As explained below, we are reinserting a sentence into the definition of ‘‘corrosive’’ in § 1500.3, and we are correcting a reference that appears in the regulation on method of testing toxic substances at § 1500.40. 
B. Amendments 1. Definition of ‘‘Toxic’’ 
The FHSA defines the term ‘‘toxic.’’ 
15 U.S.C. 1261(f). The Commission has 
issued regulations that supplement the FHSA’s statutory definition under 16 CFR 1500.3(c). Before 2012, the regulatory definitions included a definition of ‘‘acute toxicity,’’ which provided guidance on the toxicity of substances falling in different toxicity ranges for oral, dermal, and inhalation exposures. The Commission intended to retain those paragraphs in the CFR under § 1500.3(c)(2)(i) when it amended the animal testing regulations. 77 FR 73293. However, the subsequent 
VerDate Sep<11>2014 19:20 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1daltland on DSKBBV9HB2PROD with RULES