```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1040 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``ROV In-Depth Examination 
Act of 2015''.</DELETED>

<DELETED>SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS 
              STUDY.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Commission.--The term ``Commission'' means the 
        Consumer Product Safety Commission.</DELETED>
        <DELETED>    (2) Recreational off-highway vehicle and rov.--
        </DELETED>
                <DELETED>    (A) In general.--The term ``recreational 
                off-highway vehicle'' or ``ROV'' means a motorized off-
                highway vehicle designed to travel on four or more 
                tires, intended by the manufacturer for recreational 
                use by one or more persons and having the following 
                characteristics:</DELETED>
                        <DELETED>    (i) A steering wheel for steering 
                        control.</DELETED>
                        <DELETED>    (ii) Foot controls for throttle 
                        and service brake.</DELETED>
                        <DELETED>    (iii) Non-straddle 
                        seating.</DELETED>
                        <DELETED>    (iv) Maximum speed capability 
                        greater than 30 miles per hour.</DELETED>
                        <DELETED>    (v) Gross vehicle weight rating no 
                        greater than 3,750 pounds.</DELETED>
                        <DELETED>    (vi) Less than 80 inches in 
                        overall width, exclusive of 
                        accessories.</DELETED>
                        <DELETED>    (vii) Engine displacement equal to 
                        or less than 61 cubic inches for gasoline 
                        fueled engines.</DELETED>
                        <DELETED>    (viii) Identification by means of 
                        a 17-character personal or vehicle information 
                        number.</DELETED>
                <DELETED>    (B) Exclusion.--Such term does not include 
                a prototype of a motorized, off-highway, all-terrain 
                vehicle or other motorized, off-highway, all-terrain 
                vehicle that is intended exclusively for research and 
                development purposes unless the vehicle is offered for 
                sale.</DELETED>
<DELETED>    (b) No Mandatory Standards Regarding Performance or 
Configuration of ROVs.--</DELETED>
        <DELETED>    (1) In general.--The Consumer Product Safety 
        Commission shall have no authority to establish any standards 
        concerning the performance or configuration of recreational 
        off-highway vehicles until after the completion of the study 
        required by subsection (c). This prohibition includes a 
        prohibition on the exercise of any authority pursuant to 
        section 27(e) of the Consumer Product Safety Act (15 U.S.C. 
        2076(e)) to require ROV manufacturers to provide performance 
        and technical data to prospective purchasers and to the first 
        purchaser of an ROV for purposes other than resale.</DELETED>
        <DELETED>    (2) Voluntary standards.--Nothing in this section 
        shall be construed as suggesting that ROVs shall not be 
        manufactured in compliance with applicable voluntary 
        standards.</DELETED>
<DELETED>    (c) Study on Proposed Lateral Stability and Vehicle 
Handling Requirements.--</DELETED>
        <DELETED>    (1) Agreement.--</DELETED>
                <DELETED>    (A) In general.--The Commission shall seek 
                to enter into an agreement with the National Academy of 
                Sciences to perform the services covered by this 
                subsection.</DELETED>
                <DELETED>    (B) Timing.--The Commission shall seek to 
                enter into the agreement described in subparagraph (A) 
                not later than the latest date by which the Commission 
                considers reasonable for the National Academy of 
                Sciences to begin performing the services covered by 
                this subsection and complete them before the date 
                described in paragraph (2)(D).</DELETED>
        <DELETED>    (2) Study.--</DELETED>
                <DELETED>    (A) In general.--Under an agreement 
                between the Commission and the National Academy of 
                Sciences under this subsection, the National Academy of 
                Sciences shall conduct a study on matters concerning 
                the lateral stability and vehicle handling requirements 
                proposed by the Commission in a notice of proposed 
                rulemaking published in the Federal Register November 
                19, 2014 (79 Fed. Reg. 68964).</DELETED>
                <DELETED>    (B) Elements.--The study carried under 
                subparagraph (A) shall determine--</DELETED>
                        <DELETED>    (i) the technical validity of the 
                        lateral stability and vehicle handling 
                        requirements described in subparagraph (A), for 
                        purposes of reducing the risk of ROV rollovers 
                        in the off-road environment, including the 
                        repeatability and reproducibility of testing 
                        for compliance with such 
                        requirements;</DELETED>
                        <DELETED>    (ii) the number of ROV rollovers 
                        that would be prevented if the proposed 
                        requirements were adopted;</DELETED>
                        <DELETED>    (iii) whether there is a technical 
                        basis for the proposal to provide information 
                        on a point-of-sale hangtag about a vehicle's 
                        rollover resistance on a progressive scale; 
                        and</DELETED>
                        <DELETED>    (iv) the effect on the utility of 
                        ROVs used by the Armed Forces if the proposed 
                        requirements were adopted.</DELETED>
                <DELETED>    (C) Consultation.--In carrying out the 
                study pursuant to subparagraph (A), the National 
                Academy of Sciences shall consult with the 
                Administrator of the National Highway Traffic Safety 
                Administration and the Secretary of Defense.</DELETED>
                <DELETED>    (D) Deadline and report.--In carrying out 
                the study pursuant to subparagraph (A), the National 
                Academy of Sciences shall complete and transmit to the 
                Commission a report containing the findings of the 
                study not later than 2 years after the date of the 
                enactment of this Act.</DELETED>
        <DELETED>    (3) Report to congress.--Not later than 5 days 
        after receiving the report described in paragraph (2)(D) from 
        the National Academy of Sciences, the Commission shall submit 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Energy and Commerce of the 
        House of Representatives such report, along with such comments 
        as the Commission may have concerning the report.</DELETED>
        <DELETED>    (4) Consideration.--The Commission shall consider 
        the results of the study conducted under this subsection in any 
        subsequent rulemaking regarding the performance or 
        configuration of ROVs, or the provision of point-of-sale 
        information regarding ROV performance.</DELETED>
        <DELETED>    (5) Alternate contract organization.--</DELETED>
                <DELETED>    (A) In general.--If the Commission is 
                unable within the period prescribed in paragraph (1)(B) 
                to enter into an agreement described in paragraph 
                (1)(A) with the National Academy of Sciences on terms 
                acceptable to the Commission, the Commission shall seek 
                to enter into such an agreement with another 
                appropriate organization that--</DELETED>
                        <DELETED>    (i) is not part of the 
                        Government;</DELETED>
                        <DELETED>    (ii) operates as a not-for-profit 
                        entity; and</DELETED>
                        <DELETED>    (iii) has expertise and 
                        objectivity comparable to that of the National 
                        Academy of Sciences.</DELETED>
                <DELETED>    (B) Treatment.--If the Commission enters 
                into an agreement with another organization as 
                described in subparagraph (A), any reference in this 
                section to the National Academy of Sciences shall be 
                treated as a reference to the other 
                organization.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ROV In-Depth Examination Act of 
2015''.

SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Recreational off-highway vehicle and rov.--
                    (A) In general.--The term ``recreational off-
                highway vehicle'' or ``ROV'' means a motorized off-
                highway vehicle designed to travel on four or more 
                tires, intended by the manufacturer for recreational 
                use by one or more persons and having the following 
                characteristics:
                            (i) A steering wheel for steering control.
                            (ii) Foot controls for throttle and service 
                        brake.
                            (iii) Non-straddle seating.
                            (iv) Maximum speed capability greater than 
                        30 miles per hour.
                            (v) Gross vehicle weight rating no greater 
                        than 3,750 pounds.
                            (vi) Less than 80 inches in overall width, 
                        exclusive of accessories.
                            (vii) Engine displacement equal to or less 
                        than 61 cubic inches for gasoline fueled 
                        engines.
                            (viii) Identification by means of a 17-
                        character personal or vehicle information 
                        number.
                    (B) Exclusion.--Such term does not include a 
                prototype of a motorized, off-highway, all-terrain 
                vehicle or other motorized, off-highway, all-terrain 
                vehicle that is intended exclusively for research and 
                development purposes unless the vehicle is offered for 
                sale.
    (b) No Mandatory Standards Regarding Performance or Configuration 
of ROVs.--
            (1) In general.--The Consumer Product Safety Commission 
        shall have no authority to establish any standards concerning 
        the performance or configuration of recreational off-highway 
        vehicles until after the completion of the study required by 
        subsection (c). This prohibition includes a prohibition on the 
        exercise of any authority pursuant to section 27(e) of the 
        Consumer Product Safety Act (15 U.S.C. 2076(e)) to require ROV 
        manufacturers to provide performance and technical data to 
        prospective purchasers and to the first purchaser of an ROV for 
        purposes other than resale.
            (2) Voluntary standards.--Nothing in this section shall be 
        construed as suggesting that ROVs shall not be manufactured in 
        compliance with applicable voluntary standards.
    (c) Study on Proposed Lateral Stability and Vehicle Handling 
Requirements.--
            (1) Agreement.--
                    (A) In general.--The Commission shall seek to enter 
                into an agreement with the National Academy of Sciences 
                to perform the services covered by this subsection.
                    (B) Timing.--The Commission shall seek to enter 
                into the agreement described in subparagraph (A) not 
                later than the latest date by which the Commission 
                considers reasonable for the National Academy of 
                Sciences to begin performing the services covered by 
                this subsection and complete them before the date 
                described in paragraph (2)(D).
            (2) Study.--
                    (A) In general.--Under an agreement between the 
                Commission and the National Academy of Sciences under 
                this subsection, the National Academy of Sciences shall 
                conduct a study on matters concerning the lateral 
                stability and vehicle handling requirements proposed by 
                the Commission in a notice of proposed rulemaking 
                published in the Federal Register November 19, 2014 (79 
                Fed. Reg. 68964).
                    (B) Elements.--The study carried under subparagraph 
                (A) shall determine--
                            (i) the technical validity of the lateral 
                        stability and vehicle handling requirements 
                        described in subparagraph (A), for purposes of 
                        reducing the risk of ROV rollovers in the off-
                        road environment, including the repeatability 
                        and reproducibility of testing for compliance 
                        with such requirements; and
                            (ii) whether there is a technical basis for 
                        the proposal to provide information on a point-
                        of-sale hangtag about a vehicle's rollover 
                        resistance on a progressive scale.
                    (C) Consultation.--In carrying out the study 
                pursuant to subparagraph (A), the National Academy of 
                Sciences shall consult with the Administrator of the 
                National Highway Traffic Safety Administration and the 
                Secretary of Defense.
                    (D) Deadline and report.--In carrying out the study 
                pursuant to subparagraph (A), the National Academy of 
                Sciences shall complete and transmit to the Commission, 
                the Committee on Commerce, Science, and Transportation 
                of the Senate, and the Committee on Energy and Commerce 
                of the House of Representatives a report containing the 
                findings of the study not later than 480 days after the 
                date of the enactment of this Act.
            (3) Consideration.--The Commission shall consider the 
        results of the study conducted under this subsection in any 
        subsequent rulemaking regarding the performance or 
        configuration of ROVs, or the provision of point-of-sale 
        information regarding ROV performance.
            (4) Alternate contract organization.--
                    (A) In general.--If the Commission is unable within 
                the period prescribed in paragraph (1)(B) to enter into 
                an agreement described in paragraph (1)(A) with the 
                National Academy of Sciences on terms acceptable to the 
                Commission, the Commission shall seek to enter into 
                such an agreement with another appropriate organization 
                that--
                            (i) is not part of the Government;
                            (ii) operates as a not-for-profit entity; 
                        and
                            (iii) has expertise and objectivity 
                        comparable to that of the National Academy of 
                        Sciences.
                    (B) Treatment.--If the Commission enters into an 
                agreement with another organization as described in 
                subparagraph (A), any reference in this section to the 
                National Academy of Sciences shall be treated as a 
                reference to the other organization.
                                                       Calendar No. 642

114th CONGRESS

  2d Session

                                S. 1040

                          [Report No. 114-357]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 22, 2016

                       Reported with an amendment
```