II 

Calendar No. 642 

114TH CONGRESS 

2D SESSION S. 1040 

[Report No. 114–357] 

To direct the Consumer Product Safety Commission and the National Academy of Sciences to study the vehicle handling requirements proposed 

by the Commission for recreational off-highway vehicles and to prohibit 

the adoption of any such requirements until the completion of the study, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2015 

Mr. HELLER (for himself, Mr. MANCHIN, Mr. GARDNER, Ms. AYOTTE, Mr. 

DAINES, Mr. SULLIVAN, Mr. CRAPO, Mr. COTTON, Mr. BOOZMAN, and 

Mr. LANKFORD) introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

SEPTEMBER 22, 2016 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To direct the Consumer Product Safety Commission and 

the National Academy of Sciences to study the vehicle 

handling requirements proposed by the Commission for 

recreational off-highway vehicles and to prohibit the 

adoption of any such requirements until the completion 

of the study, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ROV In-Depth Exam5 ination Act of 2015’’. 

6 SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STAND7 ARDS STUDY. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COMMISSION.—The term ‘‘Commission’’ 

10 means the Consumer Product Safety Commission. 

11 (2) RECREATIONAL OFF-HIGHWAY VEHICLE

12 AND ROV.— 

13 (A) IN GENERAL.—The term ‘‘recreational 

14 off-highway vehicle’’ or ‘‘ROV’’ means a motor15 ized off-highway vehicle designed to travel on 

16 four or more tires, intended by the manufac17 turer for recreational use by one or more per18 sons and having the following characteristics: 

19 (i) A steering wheel for steering con20 trol. 

21 (ii) Foot controls for throttle and 

22 service brake. 

23 (iii) Non-straddle seating. 

24 (iv) Maximum speed capability greater 

25 than 30 miles per hour. 


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1 (v) Gross vehicle weight rating no 

2 greater than 3,750 pounds. 

3 (vi) Less than 80 inches in overall 

4 width, exclusive of accessories. 

5 (vii) Engine displacement equal to or 

6 less than 61 cubic inches for gasoline 

7 fueled engines. 

8 (viii) Identification by means of a 17- 

9 character personal or vehicle information 

10 number. 

11 (B) EXCLUSION.—Such term does not in12 clude a prototype of a motorized, off-highway, 

13 all-terrain vehicle or other motorized, off-high14 way, all-terrain vehicle that is intended exclu15 sively for research and development purposes 

16 unless the vehicle is offered for sale. 

17 (b) NO MANDATORY STANDARDS REGARDING PER18 FORMANCE OR CONFIGURATION OF ROVS.— 

19 (1) IN GENERAL.—The Consumer Product 

20 Safety Commission shall have no authority to estab21 lish any standards concerning the performance or 

22 configuration of recreational off-highway vehicles 

23 until after the completion of the study required by 

24 subsection (c). This prohibition includes a prohibi25 tion on the exercise of any authority pursuant to 


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1 section 27(e) of the Consumer Product Safety Act 

2 (15 U.S.C. 2076(e)) to require ROV manufacturers 

3 to provide performance and technical data to pro4 spective purchasers and to the first purchaser of an 

5 ROV for purposes other than resale. 

6 (2) VOLUNTARY STANDARDS.—Nothing in this 

7 section shall be construed as suggesting that ROVs 

8 shall not be manufactured in compliance with appli9 cable voluntary standards. 

10 (c) STUDY ON PROPOSED LATERAL STABILITY AND

11 VEHICLE HANDLING REQUIREMENTS.— 

12 (1) AGREEMENT.— 

13 (A) IN GENERAL.—The Commission shall 

14 seek to enter into an agreement with the Na15 tional Academy of Sciences to perform the serv16 ices covered by this subsection. 

17 (B) TIMING.—The Commission shall seek 

18 to enter into the agreement described in sub19 paragraph (A) not later than the latest date by 

20 which the Commission considers reasonable for 

21 the National Academy of Sciences to begin per22 forming the services covered by this subsection 

23 and complete them before the date described in 

24 paragraph (2)(D). 

25 (2) STUDY.— 


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1 (A) IN GENERAL.—Under an agreement 

2 between the Commission and the National 

3 Academy of Sciences under this subsection, the 

4 National Academy of Sciences shall conduct a 

5 study on matters concerning the lateral stability 

6 and vehicle handling requirements proposed by 

7 the Commission in a notice of proposed rule8 making published in the Federal Register No9 vember 19, 2014 (79 Fed. Reg. 68964). 

10 (B) ELEMENTS.—The study carried under 

11 subparagraph (A) shall determine— 

12 (i) the technical validity of the lateral 

13 stability and vehicle handling requirements 

14 described in subparagraph (A), for pur15 poses of reducing the risk of ROV rollovers 

16 in the off-road environment, including the 

17 repeatability and reproducibility of testing 

18 for compliance with such requirements; 

19 (ii) the number of ROV rollovers that 

20 would be prevented if the proposed require21 ments were adopted; 

22 (iii) whether there is a technical basis 

23 for the proposal to provide information on 

24 a point-of-sale hangtag about a vehicle’s 


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1 rollover resistance on a progressive scale; 

2 and 

3 (iv) the effect on the utility of ROVs 

4 used by the Armed Forces if the proposed 

5 requirements were adopted. 

6 (C) CONSULTATION.—In carrying out the 

7 study pursuant to subparagraph (A), the Na8 tional Academy of Sciences shall consult with 

9 the Administrator of the National Highway 

10 Traffic Safety Administration and the Secretary 

11 of Defense. 

12 (D) DEADLINE AND REPORT.—In carrying 

13 out the study pursuant to subparagraph (A), 

14 the National Academy of Sciences shall com15 plete and transmit to the Commission a report 

16 containing the findings of the study not later 

17 than 2 years after the date of the enactment of 

18 this Act. 

19 (3) REPORT TO CONGRESS.—Not later than 5 

20 days after receiving the report described in para21 graph (2)(D) from the National Academy of 

22 Sciences, the Commission shall submit to the Com23 mittee on Commerce, Science, and Transportation of 

24 the Senate and the Committee on Energy and Com25 merce of the House of Representatives such report, 


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1 along with such comments as the Commission may 

2 have concerning the report. 

3 (4) CONSIDERATION.—The Commission shall 

4 consider the results of the study conducted under 

5 this subsection in any subsequent rulemaking re6 garding the performance or configuration of ROVs, 

7 or the provision of point-of-sale information regard8 ing ROV performance. 

9 (5) ALTERNATE CONTRACT ORGANIZATION.— 

10 (A) IN GENERAL.—If the Commission is 

11 unable within the period prescribed in para12 graph (1)(B) to enter into an agreement de13 scribed in paragraph (1)(A) with the National 

14 Academy of Sciences on terms acceptable to the 

15 Commission, the Commission shall seek to enter 

16 into such an agreement with another appro17 priate organization that— 

18 (i) is not part of the Government; 

19 (ii) operates as a not-for-profit entity; 

20 and 

21 (iii) has expertise and objectivity com22 parable to that of the National Academy of 

23 Sciences. 

24 (B) TREATMENT.—If the Commission en25 ters into an agreement with another organizaVerDate Sep 11 2014 21:16 Sep 22, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1040.RS S1040

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1 tion as described in subparagraph (A), any ref2 erence in this section to the National Academy 

3 of Sciences shall be treated as a reference to 

4 the other organization. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘ROV In-Depth Exam7 ination Act of 2015’’. 

8 SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STAND9 ARDS STUDY. 

10 (a) DEFINITIONS.—In this section: 

11 (1) COMMISSION.—The term ‘‘Commission’’ 

12 means the Consumer Product Safety Commission. 

13 (2) RECREATIONAL OFF-HIGHWAY VEHICLE AND

14 ROV.— 

15 (A) IN GENERAL.—The term ‘‘recreational 

16 off-highway vehicle’’ or ‘‘ROV’’ means a motor17 ized off-highway vehicle designed to travel on 

18 four or more tires, intended by the manufacturer 

19 for recreational use by one or more persons and 

20 having the following characteristics: 

21 (i) A steering wheel for steering con22 trol. 

23 (ii) Foot controls for throttle and serv24 ice brake. 

25 (iii) Non-straddle seating. 


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1 (iv) Maximum speed capability greater 

2 than 30 miles per hour. 

3 (v) Gross vehicle weight rating no 

4 greater than 3,750 pounds. 

5 (vi) Less than 80 inches in overall 

6 width, exclusive of accessories. 

7 (vii) Engine displacement equal to or 

8 less than 61 cubic inches for gasoline fueled 

9 engines. 

10 (viii) Identification by means of a 17- 

11 character personal or vehicle information 

12 number. 

13 (B) EXCLUSION.—Such term does not in14 clude a prototype of a motorized, off-highway, 

15 all-terrain vehicle or other motorized, off-high16 way, all-terrain vehicle that is intended exclu17 sively for research and development purposes un18 less the vehicle is offered for sale. 

19 (b) NO MANDATORY STANDARDS REGARDING PER20 FORMANCE OR CONFIGURATION OF ROVS.— 

21 (1) IN GENERAL.—The Consumer Product Safety 

22 Commission shall have no authority to establish any 

23 standards concerning the performance or configura24 tion of recreational off-highway vehicles until after 

25 the completion of the study required by subsection (c). 


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1 This prohibition includes a prohibition on the exercise 

2 of any authority pursuant to section 27(e) of the Con3 sumer Product Safety Act (15 U.S.C. 2076(e)) to re4 quire ROV manufacturers to provide performance and 

5 technical data to prospective purchasers and to the 

6 first purchaser of an ROV for purposes other than re7 sale. 

8 (2) VOLUNTARY STANDARDS.—Nothing in this 

9 section shall be construed as suggesting that ROVs 

10 shall not be manufactured in compliance with appli11 cable voluntary standards. 

12 (c) STUDY ON PROPOSED LATERAL STABILITY AND

13 VEHICLE HANDLING REQUIREMENTS.— 

14 (1) AGREEMENT.— 

15 (A) IN GENERAL.—The Commission shall 

16 seek to enter into an agreement with the Na17 tional Academy of Sciences to perform the serv18 ices covered by this subsection. 

19 (B) TIMING.—The Commission shall seek to 

20 enter into the agreement described in subpara21 graph (A) not later than the latest date by which 

22 the Commission considers reasonable for the Na23 tional Academy of Sciences to begin performing 

24 the services covered by this subsection and comVerDate Sep 11 2014 21:16 Sep 22, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1040.RS S1040

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1 plete them before the date described in paragraph 

2 (2)(D). 

3 (2) STUDY.— 

4 (A) IN GENERAL.—Under an agreement be5 tween the Commission and the National Acad6 emy of Sciences under this subsection, the Na7 tional Academy of Sciences shall conduct a study 

8 on matters concerning the lateral stability and 

9 vehicle handling requirements proposed by the 

10 Commission in a notice of proposed rulemaking 

11 published in the Federal Register November 19, 

12 2014 (79 Fed. Reg. 68964). 

13 (B) ELEMENTS.—The study carried under 

14 subparagraph (A) shall determine— 

15 (i) the technical validity of the lateral 

16 stability and vehicle handling requirements 

17 described in subparagraph (A), for purposes 

18 of reducing the risk of ROV rollovers in the 

19 off-road environment, including the repeat20 ability and reproducibility of testing for 

21 compliance with such requirements; and 

22 (ii) whether there is a technical basis 

23 for the proposal to provide information on 

24 a point-of-sale hangtag about a vehicle’s 

25 rollover resistance on a progressive scale. 


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1 (C) CONSULTATION.—In carrying out the 

2 study pursuant to subparagraph (A), the Na3 tional Academy of Sciences shall consult with the 

4 Administrator of the National Highway Traffic 

5 Safety Administration and the Secretary of De6 fense. 

7 (D) DEADLINE AND REPORT.—In carrying 

8 out the study pursuant to subparagraph (A), the 

9 National Academy of Sciences shall complete and 

10 transmit to the Commission, the Committee on 

11 Commerce, Science, and Transportation of the 

12 Senate, and the Committee on Energy and Com13 merce of the House of Representatives a report 

14 containing the findings of the study not later 

15 than 480 days after the date of the enactment of 

16 this Act. 

17 (3) CONSIDERATION.—The Commission shall 

18 consider the results of the study conducted under this 

19 subsection in any subsequent rulemaking regarding 

20 the performance or configuration of ROVs, or the pro21 vision of point-of-sale information regarding ROV 

22 performance. 

23 (4) ALTERNATE CONTRACT ORGANIZATION.— 

24 (A) IN GENERAL.—If the Commission is un25 able within the period prescribed in paragraph 


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1 (1)(B) to enter into an agreement described in 

2 paragraph (1)(A) with the National Academy of 

3 Sciences on terms acceptable to the Commission, 

4 the Commission shall seek to enter into such an 

5 agreement with another appropriate organiza6 tion that— 

7 (i) is not part of the Government; 

8 (ii) operates as a not-for-profit entity; 

9 and 

10 (iii) has expertise and objectivity com11 parable to that of the National Academy of 

12 Sciences. 

13 (B) TREATMENT.—If the Commission enters 

14 into an agreement with another organization as 

15 described in subparagraph (A), any reference in 

16 this section to the National Academy of Sciences 

17 shall be treated as a reference to the other orga18 nization. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
Calendar No. 642 

114TH CONGRESS 

2D SESSION S. 1040 

[Report No. 114–357] 

A BILL 

To direct the Consumer Product Safety Commisand for other purposes. requirements until the completion of the study, vehicles and to prohibit the adoption of any such by the Commission for recreational off-highway study the vehicle handling requirements proposed sion and the National Academy of Sciences to 

SEPTEMBER 22, 2016 

Reported with an amendment 


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