15 U.S.C. § 2089 — All-terrain vehicles

Page 1773 TITLE 15—COMMERCE AND TRADE § 2089 § 2088. Financial responsibility (a) Identification and determination of bond The Commission, in consultation with U.S. Customs and Border Protection and other rel- evant Federal agencies, shall identify any con- sumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission, for which the cost of destruction would normally exceed bond amounts determined under sections 1623 and 1624 of title 19 and shall recommend to U.S. Customs and Border Protection a bond amount sufficient to cover the cost of destruction of such products or substances. (b) Study of requiring escrow for recalls and de- struction of products (1) Study The Comptroller General shall conduct a study to determine the feasibility of requir- ing— (A) the posting of an escrow, proof of in- surance, or security sufficient in amount to cover the cost of destruction of a domesti- cally-produced product or substance regu- lated under this chapter or any other Act en- forced by the Commission; and (B) the posting of an escrow, proof of in- surance, or security sufficient in amount to cover the cost of an effective recall of a product or substance, domestic or imported, regulated under this chapter or any other Act enforced by the Commission. (2) Report Not later than 180 days after August 14, 2008, the Comptroller General shall transmit to the appropriate Congressional committees a re- port on the conclusions of the study required under paragraph (1), including an assessment of whether such an escrow requirement could be implemented and any recommendations for such implementation. (Pub. L. 92–573, § 41, as added Pub. L. 110–314, title II, § 224(a), Aug. 14, 2008, 122 Stat. 3069.) § 2089. All-terrain vehicles (a) In general (1) Mandatory standard Notwithstanding any other provision of law, within 90 days after August 14, 2008, the Com- mission shall publish in the Federal Register as a mandatory consumer product safety standard the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA–1–2007). The standard shall take ef- fect 150 days after it is published. (2) Compliance with standard After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unas- sembled all-terrain vehicle unless— (A) the all-terrain vehicle complies with each applicable provision of the standard; (B) the ATV is subject to an ATV action plan filed with the Commission before Au- gust 14, 2008, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identi- fying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; and (C) the manufacturer or distributor is in compliance with all provisions of the appli- cable ATV action plan. (3) Violation The failure to comply with any requirement of paragraph (2) shall be deemed to be a failure to comply with a consumer product safety standard under this chapter and subject to all of the penalties and remedies available under this chapter. (4) Compliant models with additional features Paragraph (2) shall not be construed to pro- hibit the distribution in commerce of new all- terrain vehicles that comply with the require- ments of that paragraph but also incorporate characteristics or components that are not covered by those requirements. Any such char- acteristics or components shall be subject to the requirements of section 2064 of this title. (b) Modification of standard (1) ANSI revisions If the American National Standard ANSI/ SVIA–1–2007 is revised through the applicable consensus standards development process after the date on which the product safety standard for all-terrain vehicles is published in the Fed- eral Register, the American National Stand- ards Institute shall notify the Commission of the revision. (2) Commission action Within 120 days after it receives notice of such a revision by the American National Standards Institute, the Commission shall issue a notice of proposed rulemaking in ac- cordance with section 553 of title 5 to amend the product safety standard for all-terrain ve- hicles 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. The Commis- sion shall promulgate an amendment to the standard for all-terrain vehicles within 180 days after the date on which the notice of pro- posed rulemaking for the amendment is pub- lished in the Federal Register. (3) Unreasonable risk of injury Notwithstanding any other provision of this chapter, the Commission may, pursuant to sections 2056 and 2058 of this title, amend the product safety standard for all-terrain vehi- cles to include any additional provision that the Commission determines is reasonably nec- essary to reduce an unreasonable risk of in- jury associated with the performance of all- terrain vehicles. (4) Certain provisions not applicable Sections 2056 and 2058 of this title shall not apply to promulgation of any amendment of Page 1774 TITLE 15—COMMERCE AND TRADE § 2090 the product safety standard under paragraph (2). Judicial review of any amendment of the standard under paragraph (2) shall be in ac- cordance with chapter 7 of title 5. (c) Requirements for 3-wheeled all-terrain vehi- cles Until a mandatory consumer product safety standard applicable to 3-wheeled all-terrain ve- hicles promulgated pursuant to this chapter is in effect, new 3-wheeled all-terrain vehicles may not be imported into or distributed in commerce in the United States. Any violation of this sub- section shall be considered to be a violation of section 2068(a)(1) of this title and may also be enforced under section 2066 of this title. (d) Further proceedings (1) Deadline The Commission shall issue a final rule in its proceeding entitled ‘‘Standards for All Ter- rain Vehicles and Ban of Three-wheeled All Terrain Vehicles’’. (2) Categories of youth ATVs In the final rule, the Commission, in con- sultation with the National Highway Traffic Safety Administration, may provide for a mul- tiple factor method of categorization that, at a minimum, takes into account— (A) the weight of the ATV; (B) the maximum speed of the ATV; (C) the velocity at which an ATV of a given weight is traveling at the maximum speed of the ATV; (D) the age of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV; and (E) the average weight of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV. (3) Additional safety standards In the final rule, the Commission, in con- sultation with the National Highway Traffic Safety Administration, shall review the stand- ard published under subsection (a)(1) and es- tablish additional safety standards for all-ter- rain vehicles to the extent necessary to pro- tect the public health and safety. As part of its review, the Commission shall consider, at a minimum, establishing or strengthening standards on— (A) suspension; (B) brake performance; (C) speed governors; (D) warning labels; (E) marketing; and (F) dynamic stability. (e) Definitions In this section: (1) All-terrain vehicle or ATV The term ‘‘all-terrain vehicle’’ or ‘‘ATV’’ means— (A) any motorized, off-highway vehicle de- signed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but (B) does not include a prototype of a mo- torized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain ve- hicle that is intended exclusively for re- search and development purposes unless the vehicle is offered for sale. (2) ATV action plan The term ‘‘ATV action plan’’ means a writ- ten plan or letter of undertaking that de- scribes actions the manufacturer or dis- tributor agrees to take to promote ATV safe- ty, including rider training, dissemination of safety information, age recommendations, other policies governing marketing and sale of the ATVs, the monitoring of such sales, and other safety related measures, and that is sub- stantially similar to the plans described under the heading ‘‘The Undertakings of the Compa- nies in the Commission Notice’’ published in the Federal Register on September 9, 1998 (63 FR 48199–48204). (Pub. L. 92–573, § 42, as added Pub. L. 110–314, title II, § 232(a), Aug. 14, 2008, 122 Stat. 3071.) Editorial Notes CODIFICATION August 14, 2008, referred to in subsec. (a)(2)(B), was in the original ‘‘the date of enactment of the Act’’ and was translated as reading ‘‘the date of enactment of the Consumer Product Safety Improvement Act of 2008’’, which enacted this section, to reflect the probable in- tent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (c) of this section effective on the date that is 30 days after Aug. 14, 2008, see section 239(a) of Pub. L. 110–314, set out as an Effective Date of 2008 Amend- ment note under section 2051 of this title. DEADLINE FOR RULE BY CONSUMER PRODUCT SAFETY COMMISSION ON STANDARDS FOR ALL TERRAIN VEHI- CLES Pub. L. 112–28, § 9, Aug. 12, 2011, 125 Stat. 282, provided that: ‘‘The Commission shall issue the final rule de- scribed in section 42(d) of the Consumer Product Safety Act (15 U.S.C. 2089(d)) not later than 1 year after the date of enactment of this Act [Aug. 12, 2011].’’ § 2090. Grant program for carbon monoxide poi- soning prevention (a) In general Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide as- sistance to States and Tribal organizations that are eligible under subsection (b) to carry out the carbon monoxide poisoning prevention activities described in subsection (e). (b) Eligibility For the purposes of this section, an eligible State or Tribal organization is any State or Tribal organization that— (1) demonstrates to the satisfaction of the Commission that the State or Tribal organiza- tion has adopted a statute or a rule, regula- tion, or similar measure with the force and ef- fect of law, requiring compliant carbon mon- oxide alarms to be installed in dwelling units in accordance with NFPA 72, the IFC, or the IRC; and