[Federal Register: March 31, 1999 (Volume 64, Number 61)]
[Notices]
[Page 15350-15351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr99-41]

=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION


All-Terrain Vehicles; Commission Resolution Commending Bombardier Inc.

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (``Commission'') hereby
announces its issuance of a Resolution commending Bombardier Inc.
(``Bombardier'') for the company's action plan regarding all-terrain
vehicle (``ATV'') safety.\1\
---------------------------------------------------------------------------

    \1\ Chairman Ann Brown and Commissioner Thomas H. Moore voted to
approve the Resolution. Commissioner Mary Sheila Gall abstained from
voting and issued a statement explaining the basis for her
abstention. The statement of Commissioner Gall is available to the
public through the Office of the Secretary, Consumer Product Safety
Commission, Washington, DC 20207.

---------------------------------------------------------------------------

[[Page 15351]]

    Historical information regarding ATV safety-related actions by the
Commission and other members of the ATV industry is included in the
Commission's Federal Register notice of September 9, 1998 (63 FR
48199). That notice also requested public comment on whether the
Commission should issue a Resolution commending certain members of the
industry for their ATV action plans. After consideration of public
comments, the Commission issued its Resolution commending such other
industry members (63 FR 67861).
    Bombardier's action plan is similar to action plans being carried
out by other ATV manufacturers/distributors that the Commission
commended. Therefore, the Commission views the public comments received
in response to its Federal Register notice of September 9, 1998 as
applicable to the question of whether the Commission should also
commend Bombardier, and has considered those comments in deciding to
issue this commendation. Accordingly, the Commission has determined
that it is not necessary to solicit comment on whether it should issue
its Resolution regarding Bombardier.

FOR FURTHER INFORMATION CONTACT: For 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: March 26, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.

Resolution of the United States Consumer Product Safety Commission
Commending Bombardier Inc.

    The United States Consumer Product Safety Commission (the
``Commission''), by vote on March 19, 1999, Resolves that:
    Whereas, Bombardier Inc. has announced its intention to sell ATVs
in the United States; and
    Whereas, Bombardier has agreed to undertake voluntary actions
(``Bombardier's ATV Action Plan'') that are comparable to those being
undertaken by the current manufacturers and/or distributors of ATVs
that the Commission has commended (See 63 FR 67861), including actions
to (i) promote training, including through the offer of a cash
incentive to first-time ATV purchasers, (ii) implement a 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 conduct the undercover
monitoring of an agreed-upon minimum number of randomly selected
dealers to monitor compliance with minimum age requirements, (vii)
undertake various other safety measures, and (viii) notify the
Commission at least 60 days in advance of any material changes to
Bombardier's ATV Action Plan; and
    Whereas, a copy of Bombardier's ATV Action Plan is available to the
public upon request to the Commission's Office of the Secretary; and
    Whereas, notwithstanding implementation of Bombardier's ATV Action
Plan, the Commission reserves all its statutory enforcement, regulatory
and oversight powers with respect to ATVs.
    Now, therefore:
    1. The Commission commends Bombardier for its ATV Action Plan,
which the Commission believes will provide safety benefits to
consumers.
    2. The Commission will actively monitor the voluntary actions of
Bombardier as well as those of the current manufacturers and/or
distributors of ATVs by, among other things, increasing the undercover
inspections it conducts of ATV 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 training incentives. Other activities are set
forth in the Federal Register notice of September 9, 1998 (63 FR
48199), which notified the public of the voluntary actions of the
current manufacturers/distributors of ATVs. The Commission will take
appropriate action based on the results of its 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.

[FR Doc. 99-7903 Filed 3-30-99; 8:45 am]
BILLING CODE 6355-01-P