[Federal Register: December 9, 1998 (Volume 63, Number 236)] [Notices] [Page 67861-67862] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09de98-49] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION All-Terrain Vehicles; Commission Resolution AGENCY: Consumer Product Safety Commission. ACTION: Notice. ----------------------------------------------------------------------- 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 --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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