Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices 5565 

expiration date of the patent, i.e., until 

November 20, 2011. 

Dated: January 26, 2011. 

Robert W. Bahr, 

Acting Associate Commissioner for Patent 

Examination Policy, United States Patent and 

Trademark Office. 

[FR Doc. 2011–2088 Filed 1–31–11; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Notice of Stay of Enforcement of 

Testing and Certification Pertaining to 

Youth All-Terrain Vehicles 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Stay of enforcement. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC,’’ ‘‘Commission,’’ or 

‘‘we’’) is announcing its decision to stay 

enforcement of the testing of youth allterrain vehicles (‘‘ATVs’’) by third party 

conformity assessment bodies, subject to 

conditions, until November 27, 2011. 

DATES: This stay of enforcement is 

effective on February 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Leland, Project Manager, 

Directorate for Economic Analysis, U.S. 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814; e-mail 

eleland@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 14(a)(3)(B)(vi) of the 

Consumer Product Safety Act (‘‘CPSA’’), 

as added by section 102(a)(2) of the 

Consumer Product Safety Improvement 

Act of 2008 (‘‘CPSIA’’), Public Law 110– 

314, directs the CPSC to establish and 

publish a notice of requirements for 

accreditation of third party conformity 

assessment bodies to assess children’s 

products for conformity with ‘‘other 

children’s product safety rules.’’ Section 

14(f)(1) of the CPSA defines ‘‘children’s 

product safety rule’’ as ‘‘a consumer 

product safety rule under [the CPSA] or 

similar rule, regulation, standard, or ban 

under any other Act enforced by the 

Commission, including a rule declaring 

a consumer product to be a banned 

hazardous product or substance.’’ Under 

section 14(a)(3)(A) of the CPSA, 15 

U.S.C. 2063(a)(3)(A), each manufacturer 

(including an importer) or private 

labeler of products subject to those 

regulations must have products that are 

manufactured more than 90 days after 

the establishment and Federal Register 

publication of a notice of the 

requirements for accreditation tested by 

a third party conformity assessment 

body accredited to do so, and must issue 

a certificate of compliance with the 

applicable regulations based on that 

testing. Pursuant to section 14(a)(3)(F) of 

the CPSA, the Commission may extend 

the 90-day period by not more than 60 

days if the Commission determines that 

an insufficient number of third party 

conformity assessment bodies have been 

accredited to permit certification for a 

children’s product safety rule. 

Irrespective of certification, the product 

in question must comply with 

applicable CPSC requirements (see, e.g., 

section 14(h) of the CPSA, as added by 

section 102(b) of the CPSIA). 

In the Federal Register of August 27, 

2010 (75 FR 52616), we published a 

notice of requirements that provided the 

criteria and process for Commission 

acceptance of accreditation of third 

party conformity assessment bodies for 

testing of ATVs designed or intended 

primarily for children 12 years of age or 

younger. The notice of requirements 

stated that, for youth ATVs 

manufactured after November 26, 2010, 

the manufacturer ‘‘must issue a 

certificate of compliance with 16 CFR 

part 1420 based on’’ testing performed 

by a third party conformity assessment 

body (75 FR at 52618). The notice also 

asked for comments to be received by 

September 27, 2010. 

In response to the notice of 

requirements, the Specialty Vehicle 

Institute of America (‘‘SVIA’’) filed a 

comment that included a request that 

the Commission extend by 60 days the 

date by which manufacturers must 

begin testing and certification of youth 

ATVs. Among the reasons given for the 

extension, were the complexity of 16 

CFR part 1420 and the fact that no third 

party conformity assessment bodies 

have been accredited by an accrediting 

body that is a signatory to the 

International Laboratory Accreditation 

Cooperation-Mutual Recognition 

Arrangement (ILAC–MRA), a 

prerequisite for such conformity 

assessment bodies to be accepted by the 

CPSC. 

On November 17, 2010, the SVIA filed 

a ‘‘Petition for Extension and Stay of 

Enforcement for Third Party Testing for 

Certain All-Terrain Vehicles.’’ The 

petition requested a 60-day extension of 

the date by which manufacturers must 

begin testing and certification of youth 

ATVs, stating that no third party 

conformity assessment bodies have been 

accredited by the CPSC to test for 

conformity with 16 CFR part 1420. The 

SVIA concluded that it is unlikely that 

a sufficient number of accredited third 

party conformity assessment bodies will 

exist by the end of the requested 60-day 

extension. As a result, the SVIA also 

requested that the Commission consider 

additional forms of relief, such as a 

further stay of enforcement of these 

requirements for one year (to November 

27, 2011). 

In response, in the Federal Register of 

December 9, 2010 (75 FR 76708), the 

Consumer Product Safety Commission 

announced that we would extend the 

date of testing and certification of youth 

ATVs until January 25, 2011. We 

acknowledged that we were ‘‘not aware 

of any third party conformity 

assessment bodies that have the 

requisite accreditation by an ILAC–MRA 

signatory to test for conformity to 16 

CFR part 1420’’ and so we were granting 

the request for a 60-day extension (75 

FR at 76709). However, with respect to 

the SVIA’s request for a one-year stay of 

enforcement, we decided to seek public 

comment and asked very specific 

questions: 

(1) What efforts have been made by 

ATV manufacturers or others to obtain 

tests of youth ATVs by third party 

conformity assessment bodies and to 

encourage third party conformity 

assessment bodies to become accredited 

to do so? 

(2) What is the status of the efforts of 

third party conformity assessment 

bodies to become accredited to test 

youth ATVs, and how long will it take 

to obtain such accreditation? 

(3) What barriers currently exist to 

gaining accreditation that is specifically 

related to youth ATVs? 

(4) How are ATV manufacturers 

currently demonstrating compliance 

with the ANSI/SVIA–1–2007 standard? 

What ATV manufacturers are currently 

doing in-house testing of their ATVs for 

conformance to the standard? What 

steps, if any, have these manufacturers 

taken to have their existing in-house 

testing facilities become accredited third 

party conformity assessment bodies? 

(5) What third party testing facilities 

are capable of testing youth ATVs to the 

ANSI/SVIA–2007–1 standard? 

II. Comments 

We received more than 400 

comments. Most comments were form 

letters that requested a stay of 

enforcement until November 27, 2011, 

because ‘‘the industry states that it will 

be unlikely enough labs will be online 

by the new January 25, 2011 deadline.’’ 

Most form letters were submitted by 

consumers, some of whom are members 

of the American Motorcyclist 

Association (‘‘AMA’’) and the All 

Terrain Vehicle Association (‘‘ATVA’’); 

the remaining form letters were 

submitted by rider associations, dealers, 


srobinson on DSKHWCL6B1PROD with NOTICES
5566 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices 

raceways, and other private sector 

businesses. 

Of the remaining comments, some 

requested that the stay be extended. 

Other comments addressed issues 

related to lead content issues, which are 

not addressed in this proceeding or 

addressed various topics, such as the 

family activity nature of ATV riding, 

government regulation, the CPSIA, or 

the role of parents to decide what is best 

for their child. 

Only one comment expressed specific 

opposition to an extension of the 

January 25, 2011, date. No affiliation 

was provided. The commenter stated 

that it opposes any further extension of 

the date for compliance with the 

requirements for ATV manufacturers to 

use accredited third party laboratories 

because any further extension would 

remove the incentive to come into 

compliance. 

Only one comment, from the SVIA, 

responded specifically to the five 

questions posed in the December 1, 

2010 FR notice. The SVIA stated that it 

contacted 27 conformity assessment 

bodies worldwide. The SVIA states that 

‘‘it appears unlikely that there will be a 

sufficient number of accredited third 

party conformity assessment bodies 

prepared to conduct conformity testing 

of youth ATVs by January 26, 2011 or 

anytime soon thereafter.’’ Furthermore, 

the SVIA indicated that there is no 

information regarding ‘‘how long 

conformity assessment testing will take 

to complete’’ once a third party testing 

body is accredited and ready to conduct 

such testing. Therefore, the SVIA 

requested that the Commission grant a 

further stay of enforcement until 

November 27, 2011 and noted that, 

without a further stay of enforcement, 

youth ATVs will ‘‘cease to become 

available, or at least will be 

substantially less available.’’ 

III. The Conditional Stay 

We recognize that there are still no 

accredited third party testing bodies for 

youth ATVs at this time. However, we 

believe that it is important to establish 

accountability in meeting the CPSIA 

third party testing requirement until 

there are accredited third party 

conformity assessment bodies that can 

perform tests to 16 CFR part 1420, 

Requirements for All Terrain Vehicles. 

Accordingly, CPSC staff will begin to 

conduct compliance testing of youth 

ATVs. If there is evidence of 

noncompliance with the requirements 

of the mandatory standard by the 

manufacturers that have action plans 

approved by the Commission, we will 

take appropriate enforcement actions. In 

addition, we will stay enforcement of 

the testing and certification 

requirements of 16 CFR part 1420 until 

November 27, 2011, upon the following 

conditions: 

(1) An ATV company that 

manufactures or distributes a youth 

model ATV and has an approved action 

plan must submit a General Certificate 

of Conformity (‘‘GCC’’) to the 

Commission demonstrating compliance 

with 16 CFR part 1420. Currently, in 

addition to complying with the 

certification label requirement of the 

ANSI/SVIA–1–2007 mandatory 

standard and the certification label 

requirement of section 42(a)(2)(B) of the 

CPSA, ATV companies that 

manufacture or distribute a youth model 

ATV are required to issue GCCs for 

youth ATVs containing all of the 

information required by section 14(g) of 

the CPSA. On March 3, 2011, ATV 

companies that manufacture or 

distribute youth model ATVs must also 

submit their GCCs for ATVs 

manufactured on or after March 3, 2011 

to Mary Toro, Director, Regulatory 

Enforcement, Office of Compliance & 

Field Operations, U.S. Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, Maryland 

20814; e-mail mtoro@cpsc.gov, with 

subject line: ‘‘Youth ATV—GCC.’’ 

(2) An ATV company that 

manufactures or distributes a youth 

model ATV and has an approved action 

plan must submit any test reports 

supporting the company’s GCCs to the 

Commission, if requested. 

(3) An ATV company that 

manufactures or distributes a youth 

model ATV and has an approved action 

plan must provide a quarterly report, 

beginning on April 1, 2011, and again 

on July 1, 2011, and October 1, 2011, 

with responses to the following 

questions: 

• What efforts has your company 

made to obtain tests of youth ATVs by 

third party conformity assessment 

bodies and to encourage third party 

conformity assessment bodies to become 

accredited to do so? 

• What efforts have been made by the 

third party conformity assessment 

bodies that your company has contacted 

to become accredited to test youth 

ATVs? If these bodies are not yet 

accredited, how long will it take to 

obtain such accreditation? 

• What barriers are preventing your 

company from obtaining third party 

certification? 

The quarterly report should be 

submitted to Mary Toro, Director, 

Regulatory Enforcement, Office of 

Compliance & Field Operations, U.S. 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814; e-mail 

mtoro@cpsc.gov, with subject line: 

‘‘Youth ATV—Quarterly Report.’’ 

Dated: January 25, 2011. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2011–2166 Filed 1–31–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Availability for the Draft 

Programmatic Environmental 

Assessment for the Development and 

Operation of Small-Scale Wind Energy 

Projects at United States Marine Corps 

Facilities Throughout the United States 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: Pursuant to Section 

(102)(2)(c) of the National 

Environmental Policy Act of 1969 

(NEPA) (42 United States Code 4321), as 

implemented by the Council on 

Environmental Quality regulations for 

implementing the procedural provisions 

of NEPA (40 Code of Federal 

Regulations [CFR] Parts 1500–1508), 

and Marine Corps NEPA directives 

(Marine Corps Order P5090.2A), the 

Department of the Navy announces the 

availability of, and invites public 

comments on the Draft Programmatic 

Environmental Assessment (Draft PEA) 

for the development and operation of 

small-scale wind energy projects at 

United States Marine Corps (USMC) 

facilities throughout the Continental 

United States (CONUS). A PEA 

evaluates a major action on a broad, 

programmatic basis. Thus, site-specific 

NEPA analysis may be tiered off this 

document as appropriate. 

Dates and Addresses: The public 

comment period begins upon 

publication of a Notice of Availability 

(NOA) for the Draft PEA in the Federal 

Register. The comment period will last 

for 30 days thereafter. 

The Draft PEA is available for 

electronic viewing at http:// 

marines.mil/unit/marforres/MFRHQ/ 

FACILITIES/FACILITIES.aspx, or by 

sending a request to Alain Flexer, 

USMC Marine Forces Reserves 

(MARFORRES), by telephone 504–678– 

8489, by fax 504–678–6823, by e-mail to 

alain.flexer@usmc.mil or by writing to: 

MARFORRES, Facilities, Attn: Alain 

Flexer, 4400 Dauphine Street, New 

Orleans, Louisiana 70146–5400. 

Comments: All comments, written or 

submitted via the internet, are treated 


srobinson on DSKHWCL6B1PROD with NOTICES