Page:United States Statutes at Large Volume 122.djvu/3094

 12 2 STA T .307 1 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8SEC.23 2. AL L -T E R RA INV E H ICLE STAN D ARD. (a)INGE NE RAL.—TheAct ( 15U . S . C . 20 51 et s e q .) , asa m e nd ed by sect io n22 4 ,is fur ther amended by addin g at the end thereof the fo l lo w ing

‘SEC. 4 2. ALL-TERRAIN VEHICLES. ‘ ‘(a) IN GENERAL.— ‘‘(1) M AN D A TO R YS TANDARD.— N otwithstanding any other p ro v ision of law, within 9 0 days after the date of enactment of the Consumer P roduct Safety Improvement Act of 200 8, the Commission shall publish in the F ederal R egister as a mandatory consumer product safety standard the American National Standard for Four W heel All - Terrain V ehicles E quip- ment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI / SVIA – 1–200 7 ). The standard shall ta k e effect 150 days after it is published. ‘‘(2) CO MP L I AN C E W IT H STANDARD.—After the standard takes effect, it shall be unlawful for any manufacturer or dis- tributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle unless— ‘‘(A) the all-terrain vehicle complies with each applicable provision of the standard ‘‘( B )theATVissub j ect to an ATV action plan filed with the Commission before the date of enactment of the Act, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying 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 applicable ATV action plan. ‘‘( 3 ) VIOLATION.—The failure to comply with any require- ment of paragraph (2) shall be deemed to be a failure to comply with a consumer product safety standard under this Act and subject to all of the penalties and remedies available under this Act. ‘‘(4) COMPLIANT MODELS WITH ADDITIONAL F EAT U RES.— Paragraph (2) shall not be construed to prohibit the distribution in commerce of new all-terrain vehicles that comply with the requirements of that paragraph but also incorporate character- istics or components that are not covered by those requirements. Any such characteristics or components shall be subject to the requirements of section 15 of this Act. ‘‘(b) MODIFICATION OF STANDARD.— ‘‘(1) ANSI RE V ISIONS.—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 Federal Register, the American National Standards 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 rule- making in accordance with section 553 of title 5, United States Code, to amend the product safety standard for all-terrain Deadlin e s.Not i c es. Noti f ication. M an u factu r ers. Exp orts and i m ports. Effecti v e date. Deadline. F ederal R e g ister , pu b lication. 15USC2089 .

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