[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67861-67862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32676]
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CONSUMER PRODUCT SAFETY COMMISSION
All-Terrain Vehicles; Commission Resolution
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: The Consumer Product Safety Commission (``Commission'') hereby
announces its issuance of a Resolution commending certain members of
the all-terrain vehicle (``ATV'') industry (Yamaha Motor Corp., U.S.A.,
Kawasaki Motors Corp., U.S.A., American Suzuki Motor Corp., Polaris
Industries Inc., and Arctic Cat Inc.) for their ATV action plans
consisting of new and continuing safety-related actions regarding these
products. A notice, approved by the Commission and published in the
Federal Register on September 9, 1998, included detailed historical and
current information regarding the ATV matter and invited public comment
on issuance of the Resolution. (63 FR 48199) After consideration of
such public comments, the Commission has voted to approve the following
Resolution: 1
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\1\ Chairman Ann Brown voted to approve the Resolution.
Commissioner Thomas H. Moore voted to approve the Resolution and
issued a statement regarding his vote. Commissioner Mary Sheila Gall
abstained from voting on the Resolution and issued a statement
explaining the basis for her abstention. The ballot vote sheets and
the statements of Commissioners Moore and Gall are available to the
public through the Office of the Secretary, Consumer Product Safety
Commission, Washington, D.C. 20207.
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Resolution of the United States Consumer Product Safety Comission
The United States Consumer Product Safety Commission (the
``Commission''), by vote on December 1, 1998, RESOLVES THAT:
Whereas, on April 28, 1988, the United States of America entered
into Consent Decrees, filed in U.S. District Court, with American Honda
Motor Co., Inc., Yamaha Motor Corp., U.S.A., Kawasaki Motors Corp.,
U.S.A., U.S. Suzuki Motor Corp. (nka American Suzuki Motor Corp.), and
Polaris Industries, L.P. (nka Polaris Industries Inc.), which expired
on April 28, 1998 (the ``Consent Decrees'');
Whereas, on September 27, 1996, the Commission entered into an
Agreement and Action Plan with Arctic Cat Inc., which expired on April
28, 1998 (the ``Arctic Cat Agreement''); and
Whereas, the Consent Decrees and Arctic Cat Agreement required the
signatory companies to implement various measures designed to enhance
consumer safety with respect to all-terrain vehicles (``ATVs''); and
Whereas, on April 24, 1998, the Commission released the results and
analysis of its 1997 ATV injury and exposure surveys, and those surveys
indicate that, among other things, (i) risk of injury is 2.5 times
higher when children younger than 16 drive ATVs than for drivers 16 to
34 years of age and 4.5 times higher for such children than for drivers
35 to 54 years of age; and (ii) risk declines with experience, for
which the Commission believes formal training is a partial surrogate;
and
Whereas, the Commission remains concerned about the current level
of deaths and injuries associated with ATVs, especially those involving
children younger than 16, and believes enhanced safety efforts may
achieve a further reduction in such deaths and injuries; and
Whereas, the staff of the Commission and Yamaha Motor Corp.,
U.S.A., Kawasaki Motors Corp., U.S.A., American Suzuki Motor Corp.,
Polaris Industries Inc., and Arctic Cat Inc. (collectively, the
``Participating Companies'') have actively consulted on actions that
the companies will voluntarily undertake (the ``ATV Action Plan''); and
Whereas, the ATV Action Plan is set forth in separate documents
that the Participating Companies have submitted to the Commission's
staff; and
Whereas, a description of the ATV Action Plan, together with a
draft copy of this Resolution and other materials, was published in the
Federal Register on September 9, 1998, and the public was invited to
comment on this Resolution and the Commission has considered such
comments in adopting this Resolution; and
Whereas, pursuant to the ATV Action Plan, the Participating
Companies will (i) promote training, including through enhanced cash
incentives to first-time ATV purchasers (or, in the case of Polaris,
through requiring that previously untrained purchasers take training in
order to receive a warranty on the vehicle), (ii) implement a multi-
million dollar, multi-year information and education safety campaign
emphasizing, among other things, the risks created when children
younger than 16 operate or ride on adult-sized ATVs, (iii) not market,
sell or offer to sell adult-size ATVs to or for use by children younger
than 16, (iv) not market or sell three-wheel ATVs, (v) provide safety
information on and with ATVs, including giving an ATV Safety Alert to
each purchaser, (vi) retain the services of an independent organization
to continue the undercover monitoring of the same number of randomly
selected dealers as was done under previous monitoring programs, (vii)
continue or undertake various other safety measures, and (viii) notify
the Commission at least 60 days in advance of any material changes to
the ATV Action Plan (Arctic Cat Inc. has agreed to continue with its
actions under the ATV Action Plan for five years); and
Whereas, notwithstanding implementation of the ATV Action Plan, the
Commission reserves all its statutory enforcement, regulatory and
oversight powers with respect to ATVs.
Now, therefore:
1. The Commission commends the Participating Companies for the ATV
Action Plan, which the Commission believes will provide safety benefits
to consumers.
2. The Commission will actively monitor the ATV Action Plan by,
among other things, increasing the undercover inspections it conducts
of dealerships to ensure compliance with age recommendations;
increasing its inspections to ensure proper use of labels and hangtags;
and collecting and assessing information regarding the effectiveness of
the new training incentives. Other activities are set forth in the
Federal Register notice announcing this Resolution. The
[[Page 67862]]
Commission will take appropriate action based on the results of this
monitoring activity. The Commission also will continue to track the
death and injury rate associated with ATVs and reserves its authority
to take action based on this data.
FOR FURTHER INFORMATION: For further information about the Resolution,
call or write Leonard H. Goldstein, Office of the General Counsel,
Consumer Product Safety Commission, Washington, DC 20207; (301) 504-
0980, Ext. 2202.
Dated: December 4, 1998.
Todd A. Stevenson,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 98-32676 Filed 12-8-98; 8:45 am]
BILLING CODE 6355-01-P
