4188 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

removes ‘‘Skymount Drones’’ under the 

destination of Canada, ‘‘Plexus (Xiamen) 

Co., Ltd.,’’ under the destination of 

China, and ‘‘Delma Industrial Supply & 

Marine Services’’ under the destination 

of the United Arab Emirates. BIS is 

removing these three persons pursuant 

to § 744.15(c)(2) of the EAR. 

Rulemaking Requirements 

Executive Order Requirements 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This final rule has been 

deemed not significant for purposes of 

Executive Order 12866. 

This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

Paperwork Reduction Act 

Requirements 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor is subject to a penalty for failure 

to comply with, a collection of 

information, subject to the requirements 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) (PRA), unless 

that collection of information displays a 

currently valid Office of Management 

and Budget (OMB) Control Number. 

The UVL additions contain 

collections of information approved by 

OMB under the following control 

numbers: 

• OMB Control Number 0694–0088— 

Simple Network Application Process 

and Multipurpose Application Form 

• OMB Control Number 0694–0122— 

Miscellaneous Licensing 

Responsibilities and Enforcement 

• OMB Control Number 0694–0134— 

Entity List and Unverified List 

Requests, 

• OMB Control Number 0694–0137— 

License Exemptions and Exclusions. 

BIS believes that the overall increases 

in burdens and costs will be minimal 

and will fall within the already 

approved amounts for these existing 

collections. Additional information 

regarding these collections of 

information—including all background 

materials—can be found at https://

www.reginfo.gov/public/do/PRAMain by 

using the search function to enter either 

the title of the collection or the OMB 

Control Number. 

Administrative Procedure Act and 

Regulatory Flexibility Act 

Requirements 

Pursuant to Section 1762 of ECRA (50 

U.S.C. 4821), this action is exempt from 

the Administrative Procedure Act (5 

U.S.C. 553) requirements for notice of 

proposed rulemaking and opportunity 

for public participation. 

Further, no other law requires notice 

of proposed rulemaking or opportunity 

for public comment for this final rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, part 744 of the Export 

Administration Regulations (15 CFR 

parts 730 through 774) is amended as 

follows: 

PART 744—END-USE AND END-USER 

CONTROLS 

■ 1. The authority citation for 15 CFR 

part 744 continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 

et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 

20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 

45167, 3 CFR, 1998 Comp., p. 208; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 

Comp., p. 786; Notice of November 8, 2022, 

87 FR 68015, 3 CFR, 2022 Comp., p. 563; 

Notice of September 7, 2023, 88 FR 62439 

(September 11, 2023). 

■ 2. Supplement No. 6 to Part 744 is 

amended: 

■ a. Under CANADA by removing the 

entry for ‘‘Skymount Drones,’’ 

■ b. Under CHINA, PEOPLE’S 

REPUBLIC OF, by removing the entry 

for ‘‘Plexus (Xiamen) Co., Ltd.,’’ and 

■ c. Under UNITED ARAB EMIRATES 

by removing the entry for ‘‘Delma 

Industrial Supply & Marine Services.’’ 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2024–01253 Filed 1–19–24; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1420 

[CPSC Docket No. 2017–0032] 

Standard for 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 (ATVs) developed by the 

Specialty Vehicle Institute of America 

(ANSI/SVIA 1–2007). CPSC published 

that mandatory consumer product safety 

standard in November 2008. In March 

2023, ANSI/SVIA issued a 2023 edition 

of its standard. In accordance with the 

CPSA, CPSC is issuing this final rule to 

amend the Commission’s mandatory 

ATV standard to reference the 2023 

edition of the ANSI/SVIA 1 standard. 

DATES: This rule is effective on January 

1, 2025. The incorporation by reference 

of the publication listed in this rule is 

approved by the Director of the Federal 

Register as of January 1, 2025. 

FOR FURTHER INFORMATION CONTACT: 

William Cusey, Small Business 

Ombudsman, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814; 

telephone: 301–504–7833; email: 

wcusey@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority 

Section 42 of the 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 FourWheel 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, establishing ANSI/ 

SVIA 1–2007 as a mandatory 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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4189 

1On January 5, 2024, the Commission voted (3– 

1) to approve publication of this final rule. 

Commissioner Trumka issued a statement in 

connection with his vote, available at: https://

www.cpsc.gov/content/RCA-Federal-RegisterNotice-Amendment-to-Standard-for-All-TerrainVehicles-Draft-Final-Rule. 

2Staff’s NPR Briefing Package is available at 

https://www.cpsc.gov/s3fs-public/Federal-RegisterNotice-Amendment-to-Standard-for-All-TerrainVehicles-Notice-of-Proposed-Rulemaking.pdf?

VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB. 

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 all-terrain vehicles, and 

notify the Institute of any provision it 

has determined not to be so related.’’ 15 

U.S.C. 2089(b)(1) and (2). The 

Commission has 180 days after 

publication of the proposed amendment 

to publish a final amendment to revise 

the ATV standard. 15 U.S.C. 2089(b)(2). 

In 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 1 standard. 77 FR 12197 (February 

29, 2012). In 2018, the Commission 

published a final rule that amended the 

mandatory ATV standard to reference 

the 2017 edition of the ANSI/SVIA 1 

standard. 83 FR 8336 (February 27, 

2018).1

II. The ANSI/SVIA 1–2023 Standard 

and Proposed Rule 

On March 21, 2023, SVIA notified the 

Commission of its publication of a 

revised ATV standard, ANSI/SVIA 1– 

2023. On July 27, 2023, the Commission 

published a proposed rule (NPR), 88 FR 

48398, to amend part 1420 to reference 

the 2023 edition of the ANSI/SVIA 1 

standard. In the NPR, the Commission 

described the material changes made in 

ANSI/SVIA 1–2023: requirements for 

hot surfaces; requirements for fuel 

systems; removal of the maximum 

recommended tire pressure of 69 kPa 

(10 psi); and removal of the current 

requirement that paper user manuals be 

provided with all ATVs—all with an 

effective date ‘‘beginning with 2026 

model year vehicles.’’ 

A. Hot Surfaces 

ANSI/SVIA 1–2023 Section 12, Hot 

Surfaces, newly requires all categories 

of ATVs to meet surface temperature 

limits. The July 27, 2023, Staff Briefing 

Package: Notice of Proposed 

Rulemaking (NPR) to Amend the AllTerrain Vehicle (ATV) Standard (Staff’s 

NPR Briefing Package) 2 provides a 

detailed analysis of the ATV test 

methods and maximum allowable 

surface temperatures that can mitigate 

the risk of contact burns. 

Section 12 provides a method to 

evaluate the increase in surface 

temperatures that occurs when an ATV 

is subjected to a driving test. This test 

evaluates the heat generated from a test 

vehicle’s components, including the 

exhaust and engine components, when 

the vehicle is driven for 30 minutes at 

a maximum speed of 20 mph. After the 

driving portion of this test, whether 

performed on a test track or chassis 

dynamometer, the test instrumentation 

records surface temperature data 

throughout the ‘‘heat soak’’ period, 

during which the heat load generated by 

the exhaust and surrounding 

components transfer to other parts of the 

ATV. The performance requirement in 

Section 12 limits the maximum 

temperatures for various touch points 

per Table 1: 

TABLE 1—ANSI/SVIA 1–2023 SURFACE TEMPERATURE LIMITS

Touch point category Typical contact duration 

Maximum material temperature limits, 

source: ISO 13732–1 

Metal, no coatings Plastics, general 

Continuous .............................................................. 1 minute or longer .................................................. 44 °C (111 °F) 44 °C (111 °F) 

Intermittent .............................................................. 4 seconds or longer but less than 1 minute .......... 51 °C (124 °F) 60 °C (140 °F) 

Momentary .............................................................. 1 second or longer but less than 4 seconds ......... 58 °C (136 °F) 76 °C (169 °F) 

Incidental ................................................................. Less than 1 second ................................................ 64 °C (147 °F) 85 °C (185 °F) 

These surface temperature limits are 

comparable to those that apply to other 

consumer products that can pose 

contact burn hazards. The ANSI Z21.1– 

2018 Standard for Household Cooking 

Gas Appliances, for example, has 

maximum allowable surface 

temperatures of 83.5 °C for plastic 

surfaces and 66.5 °C for metal surfaces 

of gas ranges, which are comparable to 

the temperature limits set in ANSI/SVIA 

1–2023. In the NPR, the Commission 

preliminarily concluded that testing the 

temperature of specified ATV touch 

points as provided by ANSI/SVIA 1– 

2023 is reasonably related to the safe 

performance of ATVs as specified in 

CPSA section 42(b) and recommended 

including this revision in the final rule. 

B. Fuel Systems 

ATVs equipped with gasoline-fueled 

engines can have fuel breaches from 

various locations including fuel hose 

connections, fuel tank cracks, and fuel 

filter cracks, among others. The 2023 

edition of the ANSI/SVIA standard adds 

performance requirements to mitigate 

the risk of fuel leaks and fire hazards. 

Section 13 of ANSI/SVIA 1–2023, Fuel 

Systems Requirements, specifies 

comprehensive performance 

requirements applicable to various 

elements of the vehicle’s fuel system 

that may contribute to fuel leaks and fire 

hazards. No previous edition of ANSI/ 

SVIA 1 has included performance 

requirements to address fire hazards 

from fuel leaks. 

The new performance requirements to 

mitigate fuel leaks are the following: 

• Fuel Tank Structural Integrity: 

Sections 13.3 and 13.5 Fuel Tank 

Immersion Leak Test and Fuel Tank 

Cyclic Pressure Integrity Test, Section 

13.6 Fuel Soak Test for Plastic Tanks 

and Assemblies with Grommets and 

Seals, Section 13.7.1 Fuel Tank Impact 

Integrity Test, and Sections 13.8 and 

13.15 Fuel Tank Protection Envelope 

Analysis and Fuel Tank Venting; 

• Fuel Hoses: Section 13.9 Fuel Line 

Integrity and Section 13.10 Fuel Line 

Connection Tensile Test; 

• Fuel Filter and Shut-off Valve: 

Section 13.4 Fuel Filter and Shut-off 

Valve Immersion Leak Test; and 

• Elastomeric Component Durability: 

Section 13.11 Fuel Resistance Test, 

Section 13.12 Ozone Resistance, Section 

13.13 Ultraviolet (UV) Resistance Test, 

and Section 13.14Corrosion Resistance. 


khammond on DSKJM1Z7X2PROD with RULES
4190 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

3Briefing Memorandum and Tab A of NPR to 

Amend ATV Standard, July 2023: https://

www.cpsc.gov/s3fs-public/Federal-Register-NoticeAmendment-to-Standard-for-All-Terrain-VehiclesNotice-of-Proposed-Rulemaking.pdf?

VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB. 

Most of these requirements are onetime design qualification tests. The onetime qualification tests require 

manufacturers to conduct a single test 

for certification that the design of a fuel 

system meets all the applicable 

requirements, after which components 

of individual vehicles may be 

manufactured to those design 

specifications without further testing. 

Only the Section 13.3 Fuel Tank 

Immersion Leak Test and 13.4 Fuel 

Filter and Shut-off Valve Immersion 

Leak Test must be performed on each 

fuel tank unit before they are installed 

on a manufacturer’s ATV production 

line. 

The one-time qualification tests to 

evaluate fuel tank structural integrity 

performance involve impacts, cyclical 

pressure to simulate ambient 

temperature fluctuations, elevated 

temperature environments, and 

simulated rollover scenarios. The 

required tests evaluate the leakage rates 

of rollover vent valves in rollover 

scenarios; the integrity of fuel hose 

connections; fuel filters and fuel shutoff 

valves’ ability to resist leakage; and 

elastomeric (rubber) components’ ability 

to resist ultraviolet (UV), ozone, and 

chemical exposures. The NPR Staff 

Briefing Package provides detailed 

explanations of the various subsections 

of Section 13 that will mitigate fire risks 

from fuel leaks.3

The fuel system performance 

requirements in Section 13 are directed 

at reducing the risk of fuel leaks due to 

possible fuel breaches, over 

pressurizations, fuel spills, and 

component deterioration. Thus, in the 

NPR, the Commission preliminarily 

concluded that the fuel system 

performance requirements in Section 13 

of the 2023 edition of the ANSI/SVIA 

standard are reasonably related to the 

safe performance of ATVs and 

recommended including this revision in 

the final rule. 

C. Removal of the Maximum 

Recommended Tire Pressure 

Section 4.19 Tires of the 2007, 2010, 

and 2017 editions of the ANSI/SVIA 1 

standard defined ‘‘low-pressure tires’’ as 

‘‘having a recommended tire pressure of 

no more than 69 kPa (10 psi).’’ Section 

4.19 of the 2017 standard differentiates 

between Pneumatic Tires (Section 

4.19.1) and Non-Pneumatic Tires (NPTs) 

(Section 4.19.2) and sets a Pneumatic 

Tire requirement of ‘‘Maximum 

recommended tire pressure of 69 kPa 

(10 psi).’’ Section 4.19.2 specifies ‘‘NPTs 

[sic] vertical stiffness shall be designed 

to produce a ground pressure of 69kPa 

(10 psi) or less with the subject 

vehicle.’’ In the 2023 revision, however, 

the tire pressure value for Pneumatic 

Tires and vertical stiffness equivalent 

tire pressure value for NPTs have been 

deleted. 

In the NPR, the Commission 

preliminarily concluded that the 

removal of a maximum tire pressure 

from the ANSI/SVIA 1–2023 standard is 

reasonably related to the safe 

performance of ATVs and not 

detrimental to ATV safety, and 

accordingly proposed including this 

revision in the final rule. 

D. Owner’s Manual 

The 2023 edition of ANSI/SVIA 1 

removes a phrase stating that mandatory 

owner’s manuals ‘‘may be 

supplemented at the manufacturer’s 

option in electronic form viewable on a 

display on the ATV or other device,’’ 

which was added to the 2017 edition. 

Section 4.21 of the 2023 revision instead 

states that ‘‘[a]ll ATVs shall be provided 

with a manual in paper or electronic 

form at the time of delivery to the first 

purchaser. All ATVs with printed 

manuals shall be equipped with a 

means of carrying the manual that 

protects it from destructive elements 

while allowing reasonable access’’ 

(emphasis added). 

Based on the increased risk of 

consumers not receiving information on 

the safe use of ATVs if that information 

is only electronically available, the 

Commission preliminarily concluded in 

the NPR that this provision is not 

consistent with the safe operation of 

ATVs and proposed maintaining in 

effect the 2017 version of Section 4.21. 

E. Effective Date 

The CPSA provides a timetable for the 

Commission to issue an NPR (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 it 

does not establish requirements for 

effective dates. When the Commission 

adopted the 2010 revision to the ANSI/ 

SVIA standard, it set an effective date of 

60 days from publication of the final 

rule. 77 FR 12197. The Commission set 

that date after considering comments 

from several ATV companies to allow 

them additional time to update their 

certification labels. When the 

Commission adopted the 2017 revision 

to the ANSI/SVIA standard, it set an 

effective date of January 1, 2019, 

approximately 10 months after 

publication of the final rule, after 

considering SVIA’s comments about the 

time needed for manufacturers to make 

the required changes. 83 FR 8336 (Feb. 

27, 2018). 

The ANSI/SVIA 1–2023 standard 

provides that the revised voluntary 

standard is effective beginning with the 

2026 model year. However, it does not 

set a specific date. In the NPR, the 

Commission proposed a specific 

effective date of September 1, 2024. The 

proposed effective date was based on 

staff’s assessment of the time needed to 

comply with changes to the safety 

standard, the need for a date certain to 

facilitate industry planning, and that the 

proposed effective date was reasonably 

related to consumer safety. The 

proposed rule’s effective date also was 

based on staff’s assessment that many 

ATVs already meet some of the new 

requirements in ANSI/SVIA 1–2023, 

and the changes from the 2017 to the 

2023 voluntary standard will not require 

significant redesign or testing, both of 

which facilitate timely compliance. 

The Commission preliminarily 

concluded in the NPR that its proposed 

effective date was reasonable, feasible, 

and adequate to protect consumer safety 

because: 

• All ATVs’ gasoline powered 

engines and associated components sold 

in the U.S. are regulated by the U.S. 

Environmental Protection Agency (EPA) 

for exhaust and evaporative emissions, 

see 40 CFR 1051.515(d) (fuel tank 

permeation testing) which makes them 

exempt from having to test per ANSI/ 

SVIA 1–2023’s Section 13.5 Fuel Tank 

Cyclic Pressure Integrity Test. 

• The NPR’s proposed effective date 

would allow adequate time for 

resolution of supply chain issues, 

quality control issues, and any other 

issues that might arise. 

• The timeline in the Commission’s 

proposed rule incorporating by 

reference the SVIA 1–2023 standard was 

similar to the timeline for its rule 

incorporating by reference the SVIA 1– 

2017 standard update. In June 2017, 

SVIA notified the Commission of the 

2017 edition of the SVIA–1 standard. 

The final rule established an effective 

date of January 1, 2019, which was 18 

months from start to finish (comparable 

to the NPR’s proposed interval). 

III. Response to Comments on the 

Proposed Rule 

The Commission received comments 

on the NPR from 11 commenters. Some 

comments are not relevant to any of the 

material changes in the ANSI/SVIA 1– 

2023 standard, described above. Below, 

the Commission summarizes and 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4191 

4Briefing Memorandum and Tab A of the Notice 

of Proposed Rule (NPR) to Amend the All-Terrain 

Vehicle (ATV) Standard, July 2023, available at: 

https://www.cpsc.gov/s3fs-public/Federal-RegisterNotice-Amendment-to-Standard-for-All-TerrainVehicles-Notice-of-Proposed-Rulemaking.pdf?

VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB. 

responds to the significant issues in the 

relevant comments. 

A. Fuel Systems (Section 13 of ANSI/ 

SVIA 1–2023) 

Comment: Safety Research and 

Strategies (SRS) (commenter ID CPSC– 

2017–0032–0041) and Consumer 

Federation of America (CFA) 

(commenter ID CPSC–2017–0032–0046) 

assert the fuel system performance 

requirements in Section 13 of ANSI/ 

SVIA 1–2023 are not effective because 

they do not reflect real-world scenarios 

in which fuel system components can 

be compromised, such as rollovers or 

collision events. 

Response: Section 13 of ANSI/SVIA 

1–2023 contains multiple new 

performance requirements to mitigate 

fuel leakage in various real-world 

scenarios, and therefore improves the 

safety of ATVs. The NPR Staff Briefing 

Package discusses the various 

subsections of Section 13 that will 

mitigate fire risks from fuel leaks.4

For example, to mitigate fuel hoses 

sliding off during operation, Section 

13.10 requires fuel hoses to retain 

connection to a hose barb or other fuel 

fitting, such as a fuel rail nozzle, when 

subjected to a 30 lb. tensile (pull) test. 

This 30-lb pull test requirement would 

protect a fuel hose from sliding off in 

scenarios such as: engine vibrations; 

vegetation or other debris getting caught 

around a fuel hose; or due to an owner 

inadvertently pulling on a hose during 

inspection of the vehicle. 

To resist fuel tank cracking or other 

forms of fuel breach from the fuel tank, 

unprotected areas of fuel tanks are 

subjected to a new impact test per 

Section 13.7.1 of ANSI/SVIA 1–2023. 

An ATV manufacturer has two options 

for performing this test: (i) striking the 

fuel tank surface with a 2-inch diameter, 

1.18 lb. sphere (e.g., chrome steel ball 

bearing) that is dropped from 1.3 meters 

(51 inches) after the sample fuel tank 

has been conditioned for 24 hours in a 

cold chamber set at 4 °F; or (ii) dropping 

a sample fuel tank filled with antifreeze 

from a height of 1.2 m (49 inches) onto 

a concrete surface (the SAE J288 

snowmobile fuel tank test method) after 

the sample has been conditioned for five 

hours in a cold chamber set at ¥40 °F. 

Both test methods ensure that a fuel 

tank can withstand impact at 

approximately 11mph. These tests 

simulate real scenarios, as fuel tanks are 

subjected to temperature extremes and 

plastic fuel tanks may be susceptible to 

thermal expansion and contraction, 

which may lead to stress cracks and fuel 

leaks. Also, loose debris such as stones 

may strike unprotected areas of the fuel 

tanks. These test requirements 

accordingly will help ensure the 

structural integrity of ATV fuel tanks. 

Section 13.7.2 outlines a performance 

test that positions a fuel tank filled with 

water at a 90° angle from the horizontal. 

The fuel tank and its components, such 

as hoses and valves, are required to not 

have any leakage in order to pass this 

test. This test evaluates the potential 

fuel leakage scenarios of an ATV that 

has rolled over. 

Section 13.15 evaluates fuel leakage 

from a rollover vent valve. A test fuel 

tank filled with water is positioned 

upside down and the fuel tank is 

observed for leakage from the rollover 

vent valve. 

The Commission finds that the 

various performance tests of Section 13 

of ANSI/SVIA 1–2023 simulate real 

world scenarios and promote fuel 

systems’ structural integrity. 

Furthermore, the commenters have not 

recommended any alternative test 

methods that are improvements over the 

current Section 13 performance 

requirements. Thus, the final rule 

adopts Section 13 of ANSI/SVIA 1– 

2023, without change, as part of the 

mandatory standard. 

B. Paper Owner’s Manuals (Section 4.21 

of ANSI/SVIA 1–2023) 

Comment: SVIA supports the 

voluntary standard’s treatment of 

electronic owner’s manuals as an 

alternative to paper owner’s manuals. 

Section 4.21 of ANSI/SVIA 1–2023 

states ‘‘[a]ll ATVs shall be provided 

with a manual in paper or electronic 

form at the time of delivery to the first 

purchaser.’’ SVIA supports electronic 

owner’s manuals because they offer the 

advantages of being keyword searchable 

and downloadable if the paper manual 

is lost. 

Conversely, SRS and CFA support 

maintaining owner’s manuals on paper 

as the default medium. In particular, 

CFA states: 

The default must be paper manuals. 

Anything less, including an electronic format 

only manual, is a serious reduction in 

[safety]. Considering the use of these 

vehicles—hunting, fishing, camping, trailing 

riding, and other outdoor recreation— 

consumers need access to paper manuals if 

they encounter issues where there is no 

internet or electronic devices are unavailable. 

Response: The Commission agrees 

with SRS and CFA that eliminating the 

requirement for paper manuals would 

lead to a reduction in safety. While 

SVIA advocates electronic owner’s 

manuals because they have the 

advantages of being keyword searchable 

and downloadable if the paper manual 

is lost, the key assumption—which may 

be incorrect—is that at the time an ATV 

owner is seeking safety-related 

information from the owner’s manual, 

the owner will have an electronic device 

and/or an internet connection to access 

the manual. As SRS points out, ‘‘ATVs, 

like other off-road vehicles, often travel 

to remote areas that may be beyond 

cellular phone service range or to an 

area without sufficient signal to 

download or open a manual.’’ 

The Commission accordingly 

determines that this revision in ANSI/ 

SVIA 1–2023 is not reasonably related 

to the safe performance of ATVs because 

it would reduce the safety of using 

ATVs. Consistent with the NPR, the 

Commission will retain the requirement 

for a paper owner’s manual, as stated in 

Section 4.21 of the ANSI/SVIA 1–2017. 

Manufacturers are free to supplement 

the paper manuals with electronic 

manuals to achieve the additional 

benefits identified by SVIA. 

C. Tire Pressure (Section 4.19 of ANSI/ 

SVIA 1–2023) 

Comment: SVIA supports adopting 

the 2023 revision’s removal of the 10 psi 

(69 kPa) maximum recommended tire 

pressure requirement on the basis that it 

‘‘fails to reflect technological 

advancements in design of ATV 

suspension components.’’ SVIA asserts 

that ‘‘[l]ow-pressure tires were 

originally required on early ATVs as a 

basic means of vibration dampening 

because vehicles lacked more 

sophisticated suspension equipment’’ 

and are no longer required due to 

improved suspension systems. 

Conversely, CFA ‘‘suggests’’ rejecting 

ANSI/SVIA 1–2023’s removal of the 

maximum recommended tire pressure 

from Section 4.19 of the standard. CFA 

states that it ‘‘is concerned that 

removing the maximum recommended 

tire pressure of 69 kPa (10 psi) may not 

be safety neutral if manufacturers or 

users disregard warnings not to use 

ATVs on public roads and paved 

surfaces.’’ 

Response: The Commission agrees 

with SVIA that the evolution of more 

robust suspension systems for ATVs has 

addressed energy absorption during 

riding without the need to restrict tire 

pressures. Although CFA correctly 

identifies the hazard associated with 

misuse of ATVs on-road, it does not 

provide, nor is the Commission aware 

of, any evidence showing that use of 

ATVs on paved roads would be more 


khammond on DSKJM1Z7X2PROD with RULES
4192 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

5 Voluntary Standards Meeting with Recreational 

Off-Highway Institute (ROHVA), SVIA, and 

Outdoor Power Equipment Institute (OPEI) to 

discuss Off-Highway Vehicle (OHV) Fire and Debris 

Penetration Hazards, September 19, 2018. Weblink 

to Meeting Log: https://www.cpsc.gov/s3fs-public/ 

2018-09-19%20Voluntary%20Standards% 

20Meeting%20on%20Off-Highway

%20Vehicles.pdf?GhlbD87TF1W8m6F9B10g2Cp

ZTCNzSrjP. 

hazardous with higher recommended 

tire pressures. Further, as SVIA points 

out, removing the maximum tire 

pressure limitation would allow 

innovations in ATV tires and 

suspension systems that could lead to 

improvements in vehicle safety. For this 

reason, the Commission concludes on 

the record currently before us that the 

change allowing manufacturers to set 

the optimum tire inflation pressures for 

each ATV model will not reduce safety 

and is reasonably related to the safe 

operation of an ATV. Thus, the 

Commission adopts Section 4.19 of 

ANSI/SVIA 1–2023 in the final rule 

without any change. 

D. The Effective Date of the Final Rule 

Comment: SVIA objects to the NPR’s 

proposed effective date of September 1, 

2024, noting that Section 1 Scope of 

ANSI/SVIA 1–2023 states that the 

voluntary standard becomes effective 

beginning with Model Year 2026. SVIA 

states that the product development 

cycle for ATVs is two or more years to 

design and develop new models. SVIA 

contends that model year designations 

are typical in the ATV industry and 

other vehicle industries. SVIA states 

that EPA emissions requirements are 

based on model year. SVIA advocates 

that if the Commission’s final rule 

substitutes a specific calendar date for 

the model year effective date contained 

in the SVIA voluntary standard, the date 

should be no earlier than September 30, 

2025, to account for the variations in the 

model year production cycles of affected 

ATV manufacturers. 

Response: Manufacturers have 

varying schedules for manufacturing, 

importing, and distributing vehicles of 

the same model year, making CPSC 

enforcement of a rule based on a model 

year—without a specific effective date— 

impractical. For compliance and 

enforcement purposes, and for clarity 

for industry and consumers alike, the 

final rule provides a specific effective 

date for the safety improvements in the 

2023 standard revision. Indeed, for 

CPSC rules the Office of the Federal 

Register (OFR) requires a specific 

effective date. See 1 CFR 18.17(a) (‘‘Each 

document submitted for publication in 

the Federal Register that includes an 

effective date or time period should 

either set forth a date certain or a time 

period measured by a certain number of 

days after publication in the Federal 

Register.’’). 

In June 2017, SVIA notified the 

Commission of publication of the 2017 

edition of the ANSI/SVIA 1 standard. 

The final rule established an effective 

date of January 1, 2019, which was 18 

months from notification by SVIA to the 

effective date. That revision included 

significant changes to the ANSI/SVIA 1 

standard, including new requirements 

for stop lamps or combination tail-stop 

lamps on specified ATVs as well as 

reflector requirements for all ATVs. 

Nothing in SVIA’s comments or 

elsewhere in the record suggests that 

manufacturers had difficulty complying 

with the 2017 revision on that timeline. 

Compared to the Commission’s 

successfully implemented rule adopting 

the 2017 revision, the January 1, 2025, 

effective date for this rule provides 

manufacturers more time to comply: 

The period from SVIA’s notification of 

the revision to the effective date is 

longer; the period from publication of 

the NPR to the effective date is longer; 

and the period from publication of this 

final rule to the effective date is longer. 

The ANSI/SVIA 1–2023 standard was 

developed by SVIA member companies, 

an ATV test laboratory, a consumer 

advocacy group, individual ATV users, 

and U.S. and Canadian Government 

agencies through a consensus process. 

The consensus process started in 

September 2018 and ended in March 

2023.5 Thus, SVIA canvass members 

have been aware of the requirements in 

the 2023 edition of the ANSI/SVIA 1 

standard since March 2023 at the latest. 

Nevertheless, the Commission takes 

SVIA’s point that model year cycles are 

relevant to the industry. Accordingly, to 

align with the successful 

implementation of the 2017 revision, 

the September 1, 2024, effective date in 

the NPR will be extended to January 1, 

2025. This makes the rule effective on 

the first of the calendar year. Just as 

with the 2017 revision, the rule will 

take effect at exactly the same time in 

the model year. 

The particulars of the 2023 standard 

revision provide CPSC additional 

confidence that the January 1, 2025, 

date can be met. Because ATVs’ gasoline 

engines and associated components sold 

in the U.S. are regulated by the EPA for 

exhaust and evaporative emissions, they 

will be exempt from the Fuel Tank 

Cyclic Pressure Integrity Test per 

Section 13.5 of ANSI/SVIA 1–2023. In 

addition, due to existing EPA 

regulations, most ATV manufacturers 

will already satisfy some of the new 

criteria of ANSI/SVIA 1–2023 with no 

additional effort. 

Further, nearly all the fuel system 

performance requirements in Section 13 

of the ANSI/SVIA 1–2023 are one-time 

proof of design qualification verification 

tests that do not burden manufacturers 

with production line testing of every 

fuel system component or fuel system 

assembly. There are only a few tests, 

such as the water immersion fuel tank 

leakage test in Section 13.3, that require 

every fuel tank to be tested. 

Finally, similar fuel system 

requirements for other off-highway 

vehicle voluntary standards have had 

effective dates as short as 12 months 

after publication of the voluntary 

standard. For example, the 2012 edition 

of the golf car standard, ANSI/ILTVA 

(International Light Transportation 

Vehicle Association) Z130.1–2012, had 

an effective date of one year after 

publication of the voluntary standard. 

Section 11.3.5 of that standard includes 

the same rollover vent leakage test as 

Section 13.15 of the ANSI/SVIA 1–2023 

standard. The history of industry 

compliance with the 12-month effective 

date for ANSI/ILTVA Z130.1–2012 

supports the feasibility of the final rule‘s 

timeframe. 

For all these reasons, and having 

considered the comments as discussed 

above, the final rule establishes an 

effective date of January 1, 2025. This 

date balances the commenter’s 

pragmatic concerns against the safety 

benefit of updating the mandatory 

standard to protect consumers from 

harm. 

E. Other, Out of Scope, Comments 

Comment: CFA recommends that 

ATVs be equipped with seat belts and 

roll cages to aid in protecting the ATV 

rider. CFA asserts that speed limiting 

devices can be defeated by children and 

that there are high failure rates 

associated with such devices. CFA 

commented that Type I ATVs with 

longer seats may encourage a passenger 

to ride with an ATV driver, although 

there are warnings to discourage 

passengers and to alert consumers that 

these Type I ATVs are not designed for 

use with a passenger in addition to a 

driver. Type II ATVs are intended for 

passengers; however, CFA expresses the 

opinion that Type II ATVs should not 

allow a passenger to ride with an ATV 

driver. 

Mariam Grace (commenter ID CPSC– 

2017–0032–0040) recommends that to 

ensure safe operation of ATVs, the 

Commission should set minimum age 

requirements for their use and require 

extensive training for the safe operation 

of ATVs. The Toy Association 

(commenter ID CPSC–2017–0032–0043) 

notes that the definition of a ‘‘youth 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4193 

ATV’’ in ANSI/SVIA 1–2023 may 

overlap in some instances with the 

definition of a ‘‘ride on toy’’ in ASTM 

963 Toy Standard. The Toy Association 

expresses concern that if a toy within 

the scope of ASTM F963 has been misidentified as falling under the scope of 

a youth ATV per 16 CFR part 1420 and 

ANSI/SVIA 1, the toy manufacturer is 

faced with an impossible situation 

whereby compliance with these (nontoy) requirements results in the mandate 

for an ‘‘ATV Action Plan’’ to be 

generated and filed with the 

Commission, and instructional material 

will be required to state ‘‘this is not a 

toy’’ in contradiction of the design and 

stated intent of the product, and despite 

the requirement to comply with the 

mandatory toy standard under 16 CFR 

part 1250. 

Response: The Commission welcomes 

dialogue on the above issues and their 

discussion in future SVIA voluntary 

standards meetings. However, these 

comments are not related to the changes 

made in ANSI/SVIA 1–2023. The 2023 

version of the SVIA 1 standard does not 

change the sections and definitions 

described by these commenters. 

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 1–2023 standard, instead of 

the ANSI/SVIA 1–2017 standard. ANSI/ 

SVIA 1–2023 contains requirements and 

test methods relating to ATVs, including 

vehicle equipment and configuration, 

vehicle speed capability, brake 

performance, pitch stability, 

electromagnetic compatibility, sound 

level limits, hot surfaces, and fuel 

systems. Revisions incorporated into 

ANSI/SVIA 1–2023 are described in 

section II of this preamble. The final 

rule, however, maintains the 

requirement for paper manuals in ANSI/ 

SVIA 1–2017. 

V. Effective Date 

The Commission has set an effective 

date of January 1, 2025, requiring that 

all ATVs manufactured on or after 

January 1, 2025, must comply with the 

final rule. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires that agencies review 

a proposed rule for its potential 

economic impact on small entities, 

including small businesses. The NPR 

explained that the most significant 

changes in the 2023 revision of the 

voluntary standard involve 

requirements for fuel systems and hot 

surfaces and CPSC’s analysis is that 

many ATVs already comply with some 

of these requirements, and therefore the 

primary cost to manufacturers would be 

the costs of one-time design 

qualification tests and production part 

testing. Because, however, none of the 

14 domestic ATV manufacturers the 

Commission identified meet Small 

Business Association (SBA) criteria to 

be considered a small business, CPSC 

preliminarily assessed that the proposed 

rule would not have a significant 

adverse economic impact on any 

domestic small ATV manufacturers. 

CPSC further assessed that foreign 

manufacturers are unlikely to exit the 

ATV market and are likely to issue 

General Certificates of Conformity 

(GCCs), such that the rule would not 

have a significant, adverse economic 

impact on ATV importers. 88 FR 48398, 

48401–02. The Commission requested 

comments with data supporting or 

refuting whether there are ATV 

manufacturers that may meet the SBA 

criteria to be considered small 

businesses. 

No commenter identifies any ATV 

manufacturer that may meet the SBA 

criteria to be considered a small 

business. The Commission also did not 

receive any comments addressing 

whether the proposed rule will have a 

significant economic impact on a 

substantial number of small entities. 

Accordingly, consistent with the NPR, 

the Commission certifies that the final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

VII. Paperwork Reduction Act 

This rule contains no new 

information collection requirements. 

Accordingly, this rule is not subject to 

the Paperwork Reduction Act of 1995 

(PRA; 44 U.S.C. 3501–3521). The 

Commission did not receive any 

comments on the PRA burden estimate 

included in the NPR; therefore, in this 

final rule, the Commission presents its 

analysis of its PRA burden included in 

the NPR, which remains the same, with 

only minor corrections to the 

calculations for information purposes. 

Other CPSC rulemaking, using different 

sets of assumptions, generate estimates 

in the same range. The Commission did 

not receive any comments on the PRA 

burden estimate included in the NPR. 

The rule amends the ATV standard to 

mandate industry compliance with 

ANSI/SVIA 1–2023. The standard’s 

requirements include provisions that 

fall within the definition of ‘‘collection 

of information,’’ as defined in 44 U.S.C. 

3502(3). Under the PRA, an agency must 

publish the following information for a 

collection of information: 

• title; 

• summary; 

• brief description of the need for the 

information and the use of the 

information; 

• description of the likely 

respondents and frequency of response 

to the collection of information; 

• estimate of the burden that shall 

result from the collection of 

information; and 

• notice that comments may be 

submitted to the Office of Budget 

Management (OMB). 

This information appears below. 

Title: Standard for All-Terrain 

Vehicles. 

Summary and Description: The rule 

amends the ATV standard to mandate 

industry compliance with ANSI/SVIA 

1–2023, American National Standard for 

Four-Wheel ATVs. The rule requires 

ATVs to comply with ANSI/SVIA 1– 

2023, including certification testing in 

support of GCCs required by section 14 

of the CPSA. GCCs must comply with 16 

CFR part 1110 concerning the content of 

the GCC, retention of the associated 

records, and other applicable 

requirements. The preparation of the 

GCC falls within the definition of 

‘‘collection of information’’ as defined 

in 44 U.S.C. 3502(3). Requirements of 

the 2023 revision that are unchanged 

from the previous version of the 

standard, ANSI/SVIA 1–2017, such as 

labels, hang tags, and instruction 

manuals, are not included in this PRA 

analysis. 

Description of Respondents: Entities 

which manufacture or import ATVs. 

Estimated Burden: We estimate the 

total burden of this collection of 

information is 441 hours and $16,229. 

Table 2, below, summarizes our 

estimation of annual reporting burden 

hours and cost. 


khammond on DSKJM1Z7X2PROD with RULES
4194 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

6U.S. Bureau of Labor Statistics, ‘‘Table 4. 

Employer Costs for Employee Compensation for 

private industry workers by occupational and 

industry group,’’ updated March 17, 2023, Table 4. 

Private industry workers by occupational and 

industry group—2022 Q04 Results (bls.gov). 

7Power Products Marketing, 

USATVDBAdultYouth′94--′20--CPSC and Non-MIC 

ATV Database ′20—CPSC databases, Prairie Eden, 

MN, 2021. 

TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN

[Some numbers adjusted due to rounding] 

Burden type Number of 

respondents 

Frequency of 

responses 

Total annual 

responses 

Hours per 

response 

Total burden 

hours Annual cost 

Labor Burden: 

GCC Preparation .............................. 38 1 38 1.5 57 $2,098 

One-Time Design Qualification Testing Recordkeeping ........................ 25 1.9 48 8 382 $14,072 

Total Burden .............................. ........................ ........................ ........................ ........................ 439 $16,170 

Comments: In the NPR (88 FR 48398), 

pursuant to 44 U.S.C. 3506(C)(2)(A), the 

Commission invited comments on the 

Commission’s assessment of the burden 

of these information collection 

requirements. 

PRA Burden Estimation 

This section describes the 

development of staff’s burden estimates 

summarized in Table 2, above. 

GCC Preparation 

Section 14 of the CPSA requires 

manufacturers and importers of ATVs to 

prepare GCCs. Based on current ATV 

action plans filed with CPSC, there are 

38 entities that supply, or intend to 

supply, ATVs to the U.S. market. Staff 

found evidence of ATV sales activity, in 

the form of actual sales or advertisement 

for sale, for only 32 of the 38 entities. 

Nevertheless, taking a conservative 

approach, staff assumed that all 38 

entities (both manufacturers and 

importers) are currently supplying 

ATVs to the U.S. market and used this 

number to estimate the burden hours 

and annual cost associated with GCCs. 

ATV manufacturers typically produce 

one GCC that covers all the models of 

a model year, which implies the number 

of PRA responses is one per entity, per 

year. Staff estimates the time required to 

produce this GCC is about 1.5 person 

hours per year. Therefore, the estimated 

burden associated with GCCs is 57 

person hours (38 entities × 1 GCC per 

year × 1.5 hours per GCC = 57 person 

hours). To generate the estimated 

annual cost to industry associated with 

GCCs, staff multiplied the estimated 

number of burden hours by $36.80, the 

total hourly compensation for sales and 

office workers in goods-producing 

private industries.6 Therefore, the 

estimated annual cost to industry 

associated with preparation of the GCCs 

is approximately $2,098 ($36.80 per 

hour × 57 hours = $2,097.60). 

Recordkeeping Supporting GCC 

Preparation 

In the event a foreign manufacturer 

chooses not to conduct required 

certification testing and/or provide 

documentation to support preparation 

of the GCC, its importer could choose to 

conduct its own certification testing. 

However, staff considers this scenario 

unlikely, and for several of the 

importers, cost prohibitive. Therefore, 

staff assumes entities conducting 

certification testing and associated 

recordkeeping are limited to ATV 

manufacturers. Based on 2020 sales 

data,7 there were 25 known U.S and 

foreign manufacturers supplying as 

many as 239 new and old ATV models 

and 420,730 ATVs to the U.S. market. 

Staff estimates the average life cycle 

of an ATV model is approximately five 

years, which implies each manufacturer 

will conduct one-time design 

qualification testing on approximately 

1.9 models per year (239 models ÷ 25 

entities ÷ 5 years = 1.912, or about 1.9 

models per entity per year). Staff 

estimates the time required to create and 

maintain certification records to be 

approximately eight person hours per 

model. Therefore, the estimated labor 

burden associated with certification 

testing recordkeeping is approximately 

382 person hours (25 entities × 1.912 

ATV models per year × 8 person hours 

per model = 382.4 person hours). As 

above, staff multiplied the estimated 

number of burden hours by $36.80, the 

total hourly compensation for sales and 

office workers in goods-producing 

private industries. The estimated annual 

cost to industry associated with 

certification testing recordkeeping is 

approximately $14,072 ($36.80 per 

person hour × 382.34 person hours = 

$14,072.32). 

Summary of Burden Hours and Cost 

Based on this analysis, the final rule 

would impose an annual burden to 

industry of approximately 439 hours per 

year (57 for preparation of the GCC and 

382.4 hours for recordkeeping 

associated with the certification tests 

upon which the GCCs are based). The 

estimated annual cost is approximately 

$16,170 ($2,097.6 and $14,072.32 for 

GCC preparation and certification 

testing recordkeeping, respectively). 

The above estimates are a 

conservative estimate of the average 

annual burden to ATV entities. The rule 

requires all ATVs manufactured on or 

after January 1, 2025, to comply with 

ANSI/SVIA 1–2023. Therefore, in the 

first year following promulgation of the 

rule, existing entities may be required to 

redesign and test more than the 

estimated average 48 models per year 

and incur higher costs than the 

estimates in this PRA analysis. In 

subsequent years, costs could be less, as 

a fewer number of ATV models will 

require design updates. 

As stated above, CPSC did not receive 

any comments on the PRA burden 

estimate. CPSC has submitted the 

information collection requirements of 

this final rule to OMB for review in 

accordance with PRA requirements. 44 

U.S.C. 3507(d). 

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)(1). This amendment falls 

within the categorical exemption. 

IX. Incorporation by Reference 

The OFR has regulations concerning 

incorporation by reference. 1 CFR part 

51. For a final rule, agencies must 

discuss in the preamble to the rule ways 

that the materials the agency 

incorporates by reference are reasonably 

available to interested persons and how 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4195 

interested parties can obtain the 

materials. In addition, the preamble to 

the final rule must summarize the 

material. 1 CFR 51.5(b). 

In accordance with the OFR’s 

requirements, this preamble summarizes 

the provisions of ANSI/SVIA 1–2023, 

American National Standard for Four 

Wheel All-Terrain Vehicles, ANSIapproved March 17, 2023, that the 

Commission is incorporating by 

reference. ANSI/SVIA 1–2023 is 

copyrighted. Interested people may 

purchase a copy of ANSI/SVIA 1–2023 

from Specialty Vehicle Institute of 

America, 2 Jenner, Suite 150, Irvine, CA 

92618–3806; telephone: 949–727–3727 

ext. 3023; www.svia.org. In addition, a 

read-only copy of the standard is 

available for viewing on the SVIA 

website at https://svia.org/ansi-svia-1- 

2023/. A copy of the standard is also 

available for inspection at the Office of 

the Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, 

telephone: (301) 504–7479, email: cpscos@cpsc.gov. 

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 

of the CPSA establishes that the rules to 

be issued for ATVs under that section 

are ‘‘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 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 thirdparty conformity assessment bodies to 

assess conformity with any children’s 

product safety rule to which a children’s 

product is subject. Id. 2063(a)(3). In 

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 (Aug. 27, 2010). Because 

the revisions the 2023 revisions to the 

SVIA 1 standard do not substantially 

alter third-party conformance testing 

requirements for ATVs designed or 

intended primarily for children 12 years 

of age or younger, the current NOR for 

third-party testing of youth ATVs will 

remain unchanged. Thus, the existing 

accreditations that the Commission has 

accepted for testing to the 2017 ATV 

standard will also cover testing of 

children’s products to the revised ATV 

standard. 

XII. Congressional Review Act 

The Congressional Review Act (CRA; 

5 U.S.C. 801–808) states that, before a 

rule may take effect, the agency issuing 

the rule must submit the rule, and 

certain related information, to each 

House of Congress and the Comptroller 

General. 5 U.S.C. 801(a)(1). The 

submission must indicate whether the 

rule is a ‘‘major rule.’’ The Office of 

Information and Regulatory Affairs 

(OIRA) determines whether a rule 

qualifies as a ‘‘major rule.’’ 5 U.S.C. 

804(2). Pursuant to the CRA, OIRA 

determined that this rule is not a major 

rule. To comply with the CRA, CPSC 

will submit the required information to 

each House of Congress and the 

Comptroller General. 

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 part 

1420 of title 16 of the Code of Federal 

Regulations as follows: 

PART 1420—REQUIREMENTS FOR 

ALL-TERRAIN VEHICLES 

■ 1. The authority citation for part 1420 

is revised to read as follows: 

Authority: 15 U.S.C. 2089. 

■ 2. Revise § 1420.1 to read as follows: 

§ 1420.1 Scope and application. 

This part, a consumer product safety 

standard, prescribes requirements for 

all-terrain vehicles. 

■ 3. Amend § 1420.3 by revising 

paragraph (a) to read as follows: 

§ 1420.1 Requirements for four-wheel 

ATV’s. 

(a) Each new assembled or 

unassembled ATV manufactured before 

January 1, 2025, shall comply with all 

applicable provisions of the American 

National Standard for Four-Wheel AllTerrain Vehicles (ANSI/SVIA 1–2017), 

ANSI-approved on June 8, 2017. Each 

new assembled or unassembled ATV 

manufactured on or after January 1, 

2025, shall comply with all applicable 

provisions of the American National 

Standard for Four-Wheel All-Terrain 

Vehicles ANSI-approved on March 17, 

2023 (ANSI/SVIA 1–2023), with the 

exception of Section 4.21 Owner’s 

Manual, as to which it shall continue to 

comply with the ANSI/SVIA 1–2017 

standard. ANSI/SVIA 1–2017 and ANSI/ 

SVIA 1–2023 are incorporated by 

reference into this section with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. This material is available 

for inspection at the U.S. Consumer 

Product Safety Commission and at the 

National Archives and Records 

Administration (NARA). Contact the 

U.S. Consumer Product Safety 

Commission at: Office of the Secretary, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814, telephone: (301) 

504–7479. For information on the 

availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. The material may be 

obtained from the Specialty Vehicle 

Institute of America, 2 Jenner, Suite 150, 

Irvine, CA 92618–3806; telephone: 949– 

727–3727; www.svia.org. In addition, a 

read-only copy of ANSI/SVIA 1–2023 is 

available for viewing on the SVIA 

website at https://svia.org/ansi-svia-1- 

2023/. 

* * * * * 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–01309 Filed 1–22–24; 8:45 am] 

BILLING CODE 6355–01–P 


khammond on DSKJM1Z7X2PROD with RULES