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Q: SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''All-Terrain
Vehicle Standards and Compliance Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Adoption of ANSI ATV standard as a consumer product safety
standard.
Sec. 3. Modification of standard.
Sec. 4. All-terrain vehicles to which standard applies.
Sec. 5. Action plans.
Sec. 6. Labeling and certification.
Sec. 7. Definitions.

SEC. 2. ADOPTION OF ANSI ATV STANDARD AS A CONSUMER PRODUCT SAFETY
STANDARD.

(a) In General.--Within 90 days after the date of enactment of this
Act, the Consumer Product Safety Commission shall promulgate a consumer
product safety standard for all-terrain vehicles and publish the
standard in the Federal Register. The consumer product safety standard
shall be the same as the American National Standards Institute/
Specialty Vehicle Institute of America's publication entitled ''Four
Wheel All-Terrain Vehicles--Equipment, Configuration and Performance
Requirements ANSI/SVIA 1-2001'', except that--
(1) the Commission shall modify the definition of an all-
terrain vehicle in that standard by deleting any reference to a
single rider and no passenger;
(2) the standard shall clearly indicate that it is a
consumer product safety standard promulgated by the Commission;
and
(3) the Commission may make any other necessary changes in
format or style necessary to conform the standard to the format
and style of other consumer product safety standards
promulgated by the Commission.
(b) Certain Provisions of Law Not Applicable to Initial Standard.--
Sections 7, 9, 11, and 30(d) of the Consumer Product Safety Act (15
U.S.C. 2056, 2058, 2060, and 2079(d)) and section 553 of title 5,
United States Code, shall not apply to promulgation of the consumer
product safety standard required by subsection (a).

SEC. 3. MODIFICATION OF STANDARD.

(a) ANSI Revisions.--If the American National Standards Institute
modifies its all-terrain vehicle standard after the date on which the
ATV standard is published in the Federal Register under section 2(a),
it shall notify the Commission of the modification.
(b) Commission Action.--
(1) In general.--Within 120 days after it receives notice
of such a modification by the American National Standards
Institute, the Commission shall--
(A) issue a notice of proposed rulemaking in
accordance with section 553 of title 5, United States
Code, to amend the ATV standard to include any such
modification that the Commission determines is
reasonably related to the safe performance of all-
terrain vehicles; and
(B) notify the Institute of any provision it has
determined not to be so related.
(2) Deadline.--The Commission shall promulgate an amendment
to the ATV standard under paragraph (1)(A) within 180 days
after the date on which the notice of proposed rulemaking for
the amendment is published in the Federal Register.
(c) Unreasonable Risks of Injury.--Notwithstanding any other
provision of this Act, the Commission may amend the ATV standard to
include any additional provision that the Commission determines is
reasonably necessary to reduce unreasonable risks of injury associated
with the performance of all-terrain vehicles.
(d) Certain Provisions of CPSA Not Applicable.--Sections 7, 9, 11,
and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058,
2060, and 2079(d)) shall not apply to promulgation of any amendment of
the ATV standard under subsection (b)(1)(A). Judicial review of any
amendment of the ATV standard under subsection (b)(1)(A) shall be in
accordance with chapter 7 of title 5, United States Code.

SEC. 4. ALL-TERRAIN VEHICLES TO WHICH STANDARD APPLIES.

(a) In General.--The ATV standard shall apply to all-terrain
vehicles manufactured in the United States, or imported for use in the
United States, more than 150 days after the date on which the ATV
standard is published in the Federal Register.
(b) Compliant Models With Additional Features.--The ATV standard
shall not be construed to prohibit a manufacturer or importer of an
all-terrain vehicle that complies with the requirements of the consumer
product safety standard from manufacturing or distributing any such
all-terrain vehicle that incorporates characteristics or components
that are not covered by the consumer product safety standard. Any such
characteristics or components shall be subject to the requirements of
section 15 of the Act (15 U.S.C. 2064).

SEC. 5. ACTION PLANS.

(a) Action Plan Required.--
(1) In general.--Each manufacturer or importer of an all-
terrain vehicle to which the ATV standard applies shall submit
an action plan to the Commission for its approval.
(2) Commission approval required.--If the Commission
approves an action plan, it shall indicate its approval in
writing. The Commission may not unreasonably withhold approval
of an action plan.
(3) Existing action plans.--An action plan submitted to the
Commission by a manufacturer or importer before the date of
enactment of this Act is deemed to have been approved in
writing by the Commission.
(b) Compliance With Action Plan Required.--
(1) In general.--A manufacturer or importer of all-terrain
vehicles may not distribute an all-terrain vehicle in commerce
unless the manufacturer or importer has complied with its
obligations under its action plan that has been approved by the
Commission.
(2) Requirements for 3-wheeled atvs.--Until a mandatory
consumer product safety standard applicable to 3-wheeled all-
terrain vehicles promulgated pursuant to this Act is in effect,
new 3-wheeled all-terrain vehicles may not be imported into or
distributed in commerce in the United States.
(3) Enforcement.--Violation of paragraph (1) or (2) shall
be considered to be a violation of section 19(a)(1) of the
Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may also
be enforced under section 17 of that Act (15 U.S.C. 2066).
(c) Amendment of Action Plan.--
(1) In general.--A manufacturer or importer may amend an
action plan approved by the Commission by notifying the
Commission in writing of the proposed amendment not less than
60 days before the date on which the proposed amendment is to
take effect.
(2) Commission review.--Within 60 days after receiving
notice of a proposed amendment, the Commission shall approve or
disapprove the proposed amendment and notify the manufacturer
or importer in writing of its action. If the Commission does
not notify the manufacturer or importer of its action within
that 60-day period, the Commission is deemed to have approved
the proposed amendment. If the Commission disapproves the
proposed amendment, the Commission shall include an explanation
in writing of the reasons for the disapproval in the
notification to the manufacturer or importer. The approval or
disapproval by the Commission of a proposed amendment shall
constitute final agency action for purposes of judicial review
under chapter 7 of title 5, United States Code.
(d) Revocation of Approval; Release of Obligation.--
(1) Revocation.--If the Commission determines, after notice
and the opportunity for a hearing, that a manufacturer or
importer has failed to comply substantially with its
obligations under its action plan, the Commission may revoke
its approval of the action plan. The revocation shall
constitute final agency action for purposes of judicial review
pursuant to chapter 7 of title 5, the United States Code. Upon
receipt of notice of a revocation of the action plan, the
manufacturer or importer shall cease further distribution in
commerce of any all-terrain vehicle subject to the ATV
standard. The revocation by the Commission of its approval of a
manufacturer's or importer's action plan shall not preclude the
manufacturer or importer from submitting another action plan
under subsection (a)(1).
(2) Release.--If the Commission determines that compliance
by a manufacturer or importer with a specific requirement of
its approved action plan is not necessary to promote all-
terrain vehicle safety, it shall notify the manufacturer or
importer in writing of its determination and release the
manufacturer or importer from any obligation under this Act to
comply with that requirement.

SEC. 6. LABELING AND CERTIFICATION.

Pursuant to section 14 of the Consumer Product Safety Act (15
U.S.C. 2063) each all-terrain vehicle to which the ATV standard applies
shall bear a label that--
(1) is permanent and allows viewing without removing any
part of the all-terrain vehicle;
(2) certifies that the all-terrain vehicle complies with
the consumer product safety standard and is subject to an
action plan accepted by the Commission;
(3) identifies the manufacturer, importer, or private
labeler issuing the certification; and
(4) contains sufficient information to enable the
Commission to identify the particular action plan or letter of
undertaking that applies to that all-terrain vehicle.

SEC. 7. GAO STUDY.

The Comptroller General shall conduct a study of the utility,
recreational, and other benefits of all-terrain vehicles, and the costs
associated with all-terrain vehicle related fatalities and injuries.

SEC. 8. DEFINITIONS.

In this Act:
(1) Action plan.--
(A) In general.--The term ''action plan'' means a
written document submitted to the Commission by the
manufacturer or importer of all-terrain vehicles that--
(i) describes actions the manufacturer or
importer agrees to take to promote all-terrain
vehicle safety, including rider training,
dissemination of safety information, age
recommendations, other policies governing
marketing and sale of the vehicles, the
monitoring of such sales, and other safety-
related measures; and
(ii) is substantially similar to the plans
described under the heading The Undertakings of
the Companies in the Consumer Product Safety
Commission Notice published in the Federal
Register on September 9, 1998 (63 FR 48199-
48204).
(B) Letter of undertaking.--The term ''action
plan'' includes a letter of undertaking that meets the
requirements of subparagraph (A).
(2) All-terrain vehicle.--
(A) In general.--The term ''all-terrain vehicle''
means a motorized off-highway vehicle designed to
travel on 3 or 4 wheels that has--
(i) a seat designed to be straddled by the
operator; and
(ii) handlebars for steering control.
(B) Exceptions.--The term does not include--
(i) a prototype of an all-terrain vehicle
not available for sale; or
(ii) an all-terrain vehicle designed and
manufactured exclusively for research and
development purposes and not available for
sale.
(3) ATV standard.--The term ''ATV standard'' means the
consumer product safety standard promulgated under section 2(a)
of this Act.
(4) Commission.--The term ''Commission'' means the Consumer
Product Safety Commission.
A:
All-Terrain Vehicle Standards and Compliance Act of 2007 - Requires the Consumer Product Safety Commission (CPSC) to issue a consumer product safety standard for all-terrain vehicles (ATVs) that is, subject to exception, identical to a specified publication by the American National Standards Institute/Specialty Vehicle Institute of America. Makes specified provisions of the Consumer Product Safety Act and other federal law inapplicable to that issuance.

Applies the standard to ATVs manufactured or imported after the standard is published. Allows ATVs that comply with the standard to incorporate characteristics or components not covered by the standard.

Requires each ATV manufacturer or importer to submit an action plan to the CPSC for approval and to comply with an approved plan.

Prohibits the importation or distribution of three-wheeled ATVs until a mandatory consumer product safety standard applicable to such vehicles is in effect.

Requires each ATV to which the standard applies to bear a label certifying compliance.