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Sep 2023

The Consumer Product Safety Commission (CPSC) Issues a Proposal to Amend Consumer Product Safety Standard for Four-Wheel All-Terrain Vehicles (ATVs)

The Consumer Product Safety Commission (CSPC) published a Notice of Proposed Rulemaking (NPRM) in the July 27, 2023 Federal Register (F.R. Vol. 88 No. 143) (CSPC-2017-0032). The Consumer Product Safety Improvement Act of 2008 (CPSIA) required the Consumer Product Safety Commission to publish, as a mandatory consumer product safety standard, the American National Standard for Four-Wheel All-Terrain Vehicles (ATVs) Equipment Configuration and Performance Requirements developed by the Specialty Vehicle Institute of America (ANSI/SVIA 1-2007). The mandatory safety standard was issued November 14, 2008 and was codified at 16 CFR Part 1420. The CPSA requires that if ANSI/SVIA 1-2007 is revised, ANSI must notify the Commission of the revision, and the Commission has 120 days after it receives that notification to issue a NPRM 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 ATVs and notify the Institute of any provision it has determined not to be so related."). The Commission then has 180 days after publication of the proposed amendment to publish a Final Rule to revise the ATV standard.

The Commission has revised this mandatory standard twice in accordance with the revision procedures set out in the CPSIA. This NPRM would amend the Commission's mandatory ATV standard to reference the 2023 edition of the ANSI/SVIA standard. A listing of areas of the proposed revisions include:

  • Hot Surface Requirements -Touch Points - specifies performance requirements that limit maximum surface temperatures for various touch points. Too hot temperatures could harm vehicle occupant by causing contact burns. Excessive exhaust temperatures can melt nearby combustible plastic components, which may pose a risk of fire. ANSI/SVIA 1-2023 sets out performance tests to evaluate whether surface temperatures for various touch points are within specified limits.
  • Fuel System Components
    • Fuel Tank Structural Integrity
    • Fuel Hoses
    • Fuel Filter and Shut-off
    • Elastomeric Component Durability
  • Tire Pressure - Removal of the maximum recommended tire pressure of 69kPa (10psi)
  • Owner’s Manual - Commission recommends to retain the 2017 requirements rather than change to the 2023 update
  • Effective Date - Commission recommends each new assembled or unassembled ATV manufactured on or after September 1, 2024, shall comply with all applicable provisions of the American National Standard for Four-Wheel All-Terrain Vehicles (ANSI/SVIA 1-2023), approved on March 21, 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.

Comments for this CPSC NPRM are required by September 25, 2023. The CPSC NPRM is available on InterRegs.NET for our US Federal subscribers and is also available at www.selectregs.com.

Bob Pheiffer