[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1040 Reported in Senate (RS)]
<DOC>
Calendar No. 642
114th CONGRESS
2d Session
S. 1040
[Report No. 114-357]
To direct the Consumer Product Safety Commission and the National
Academy of Sciences to study the vehicle handling requirements proposed
by the Commission for recreational off-highway vehicles and to prohibit
the adoption of any such requirements until the completion of the
study, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2015
Mr. Heller (for himself, Mr. Manchin, Mr. Gardner, Ms. Ayotte, Mr.
Daines, Mr. Sullivan, Mr. Crapo, Mr. Cotton, Mr. Boozman, and Mr.
Lankford) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
September 22, 2016
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To direct the Consumer Product Safety Commission and the National
Academy of Sciences to study the vehicle handling requirements proposed
by the Commission for recreational off-highway vehicles and to prohibit
the adoption of any such requirements until the completion of the
study, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``ROV In-Depth Examination
Act of 2015''.</DELETED>
<DELETED>SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS
STUDY.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Commission.--The term ``Commission'' means the
Consumer Product Safety Commission.</DELETED>
<DELETED> (2) Recreational off-highway vehicle and rov.--
</DELETED>
<DELETED> (A) In general.--The term ``recreational
off-highway vehicle'' or ``ROV'' means a motorized off-
highway vehicle designed to travel on four or more
tires, intended by the manufacturer for recreational
use by one or more persons and having the following
characteristics:</DELETED>
<DELETED> (i) A steering wheel for steering
control.</DELETED>
<DELETED> (ii) Foot controls for throttle
and service brake.</DELETED>
<DELETED> (iii) Non-straddle
seating.</DELETED>
<DELETED> (iv) Maximum speed capability
greater than 30 miles per hour.</DELETED>
<DELETED> (v) Gross vehicle weight rating no
greater than 3,750 pounds.</DELETED>
<DELETED> (vi) Less than 80 inches in
overall width, exclusive of
accessories.</DELETED>
<DELETED> (vii) Engine displacement equal to
or less than 61 cubic inches for gasoline
fueled engines.</DELETED>
<DELETED> (viii) Identification by means of
a 17-character personal or vehicle information
number.</DELETED>
<DELETED> (B) Exclusion.--Such term does not include
a prototype of a motorized, off-highway, all-terrain
vehicle or other motorized, off-highway, all-terrain
vehicle that is intended exclusively for research and
development purposes unless the vehicle is offered for
sale.</DELETED>
<DELETED> (b) No Mandatory Standards Regarding Performance or
Configuration of ROVs.--</DELETED>
<DELETED> (1) In general.--The Consumer Product Safety
Commission shall have no authority to establish any standards
concerning the performance or configuration of recreational
off-highway vehicles until after the completion of the study
required by subsection (c). This prohibition includes a
prohibition on the exercise of any authority pursuant to
section 27(e) of the Consumer Product Safety Act (15 U.S.C.
2076(e)) to require ROV manufacturers to provide performance
and technical data to prospective purchasers and to the first
purchaser of an ROV for purposes other than resale.</DELETED>
<DELETED> (2) Voluntary standards.--Nothing in this section
shall be construed as suggesting that ROVs shall not be
manufactured in compliance with applicable voluntary
standards.</DELETED>
<DELETED> (c) Study on Proposed Lateral Stability and Vehicle
Handling Requirements.--</DELETED>
<DELETED> (1) Agreement.--</DELETED>
<DELETED> (A) In general.--The Commission shall seek
to enter into an agreement with the National Academy of
Sciences to perform the services covered by this
subsection.</DELETED>
<DELETED> (B) Timing.--The Commission shall seek to
enter into the agreement described in subparagraph (A)
not later than the latest date by which the Commission
considers reasonable for the National Academy of
Sciences to begin performing the services covered by
this subsection and complete them before the date
described in paragraph (2)(D).</DELETED>
<DELETED> (2) Study.--</DELETED>
<DELETED> (A) In general.--Under an agreement
between the Commission and the National Academy of
Sciences under this subsection, the National Academy of
Sciences shall conduct a study on matters concerning
the lateral stability and vehicle handling requirements
proposed by the Commission in a notice of proposed
rulemaking published in the Federal Register November
19, 2014 (79 Fed. Reg. 68964).</DELETED>
<DELETED> (B) Elements.--The study carried under
subparagraph (A) shall determine--</DELETED>
<DELETED> (i) the technical validity of the
lateral stability and vehicle handling
requirements described in subparagraph (A), for
purposes of reducing the risk of ROV rollovers
in the off-road environment, including the
repeatability and reproducibility of testing
for compliance with such
requirements;</DELETED>
<DELETED> (ii) the number of ROV rollovers
that would be prevented if the proposed
requirements were adopted;</DELETED>
<DELETED> (iii) whether there is a technical
basis for the proposal to provide information
on a point-of-sale hangtag about a vehicle's
rollover resistance on a progressive scale;
and</DELETED>
<DELETED> (iv) the effect on the utility of
ROVs used by the Armed Forces if the proposed
requirements were adopted.</DELETED>
<DELETED> (C) Consultation.--In carrying out the
study pursuant to subparagraph (A), the National
Academy of Sciences shall consult with the
Administrator of the National Highway Traffic Safety
Administration and the Secretary of Defense.</DELETED>
<DELETED> (D) Deadline and report.--In carrying out
the study pursuant to subparagraph (A), the National
Academy of Sciences shall complete and transmit to the
Commission a report containing the findings of the
study not later than 2 years after the date of the
enactment of this Act.</DELETED>
<DELETED> (3) Report to congress.--Not later than 5 days
after receiving the report described in paragraph (2)(D) from
the National Academy of Sciences, the Commission shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives such report, along with such comments
as the Commission may have concerning the report.</DELETED>
<DELETED> (4) Consideration.--The Commission shall consider
the results of the study conducted under this subsection in any
subsequent rulemaking regarding the performance or
configuration of ROVs, or the provision of point-of-sale
information regarding ROV performance.</DELETED>
<DELETED> (5) Alternate contract organization.--</DELETED>
<DELETED> (A) In general.--If the Commission is
unable within the period prescribed in paragraph (1)(B)
to enter into an agreement described in paragraph
(1)(A) with the National Academy of Sciences on terms
acceptable to the Commission, the Commission shall seek
to enter into such an agreement with another
appropriate organization that--</DELETED>
<DELETED> (i) is not part of the
Government;</DELETED>
<DELETED> (ii) operates as a not-for-profit
entity; and</DELETED>
<DELETED> (iii) has expertise and
objectivity comparable to that of the National
Academy of Sciences.</DELETED>
<DELETED> (B) Treatment.--If the Commission enters
into an agreement with another organization as
described in subparagraph (A), any reference in this
section to the National Academy of Sciences shall be
treated as a reference to the other
organization.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ROV In-Depth Examination Act of
2015''.
SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Recreational off-highway vehicle and rov.--
(A) In general.--The term ``recreational off-
highway vehicle'' or ``ROV'' means a motorized off-
highway vehicle designed to travel on four or more
tires, intended by the manufacturer for recreational
use by one or more persons and having the following
characteristics:
(i) A steering wheel for steering control.
(ii) Foot controls for throttle and service
brake.
(iii) Non-straddle seating.
(iv) Maximum speed capability greater than
30 miles per hour.
(v) Gross vehicle weight rating no greater
than 3,750 pounds.
(vi) Less than 80 inches in overall width,
exclusive of accessories.
(vii) Engine displacement equal to or less
than 61 cubic inches for gasoline fueled
engines.
(viii) Identification by means of a 17-
character personal or vehicle information
number.
(B) Exclusion.--Such term does not include a
prototype of a motorized, off-highway, all-terrain
vehicle or other motorized, off-highway, all-terrain
vehicle that is intended exclusively for research and
development purposes unless the vehicle is offered for
sale.
(b) No Mandatory Standards Regarding Performance or Configuration
of ROVs.--
(1) In general.--The Consumer Product Safety Commission
shall have no authority to establish any standards concerning
the performance or configuration of recreational off-highway
vehicles until after the completion of the study required by
subsection (c). This prohibition includes a prohibition on the
exercise of any authority pursuant to section 27(e) of the
Consumer Product Safety Act (15 U.S.C. 2076(e)) to require ROV
manufacturers to provide performance and technical data to
prospective purchasers and to the first purchaser of an ROV for
purposes other than resale.
(2) Voluntary standards.--Nothing in this section shall be
construed as suggesting that ROVs shall not be manufactured in
compliance with applicable voluntary standards.
(c) Study on Proposed Lateral Stability and Vehicle Handling
Requirements.--
(1) Agreement.--
(A) In general.--The Commission shall seek to enter
into an agreement with the National Academy of Sciences
to perform the services covered by this subsection.
(B) Timing.--The Commission shall seek to enter
into the agreement described in subparagraph (A) not
later than the latest date by which the Commission
considers reasonable for the National Academy of
Sciences to begin performing the services covered by
this subsection and complete them before the date
described in paragraph (2)(D).
(2) Study.--
(A) In general.--Under an agreement between the
Commission and the National Academy of Sciences under
this subsection, the National Academy of Sciences shall
conduct a study on matters concerning the lateral
stability and vehicle handling requirements proposed by
the Commission in a notice of proposed rulemaking
published in the Federal Register November 19, 2014 (79
Fed. Reg. 68964).
(B) Elements.--The study carried under subparagraph
(A) shall determine--
(i) the technical validity of the lateral
stability and vehicle handling requirements
described in subparagraph (A), for purposes of
reducing the risk of ROV rollovers in the off-
road environment, including the repeatability
and reproducibility of testing for compliance
with such requirements; and
(ii) whether there is a technical basis for
the proposal to provide information on a point-
of-sale hangtag about a vehicle's rollover
resistance on a progressive scale.
(C) Consultation.--In carrying out the study
pursuant to subparagraph (A), the National Academy of
Sciences shall consult with the Administrator of the
National Highway Traffic Safety Administration and the
Secretary of Defense.
(D) Deadline and report.--In carrying out the study
pursuant to subparagraph (A), the National Academy of
Sciences shall complete and transmit to the Commission,
the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Energy and Commerce
of the House of Representatives a report containing the
findings of the study not later than 480 days after the
date of the enactment of this Act.
(3) Consideration.--The Commission shall consider the
results of the study conducted under this subsection in any
subsequent rulemaking regarding the performance or
configuration of ROVs, or the provision of point-of-sale
information regarding ROV performance.
(4) Alternate contract organization.--
(A) In general.--If the Commission is unable within
the period prescribed in paragraph (1)(B) to enter into
an agreement described in paragraph (1)(A) with the
National Academy of Sciences on terms acceptable to the
Commission, the Commission shall seek to enter into
such an agreement with another appropriate organization
that--
(i) is not part of the Government;
(ii) operates as a not-for-profit entity;
and
(iii) has expertise and objectivity
comparable to that of the National Academy of
Sciences.
(B) Treatment.--If the Commission enters into an
agreement with another organization as described in
subparagraph (A), any reference in this section to the
National Academy of Sciences shall be treated as a
reference to the other organization.
Calendar No. 642
114th CONGRESS
2d Session
S. 1040
[Report No. 114-357]
_______________________________________________________________________
A BILL
To direct the Consumer Product Safety Commission and the National
Academy of Sciences to study the vehicle handling requirements proposed
by the Commission for recreational off-highway vehicles and to prohibit
the adoption of any such requirements until the completion of the
study, and for other purposes.
_______________________________________________________________________
September 22, 2016
Reported with an amendment