12 2 STA T .307 2 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8vehicl e sto i n cl ud e a n y such r evision that the C o m mission determines is reasona b ly related to the sa f e p erformance of all - terrain vehicles , and notify the I nstitute of any provision it has determined not to be so related .T he Commission shall promul g ate an amendment to the standard for all-terrain vehicles w ithin 180 days after the date on which the notice of proposed rulema k ing for the amendment is published in the F ederal R egister. ‘ ‘ (3)UNREASO NA BL ER I S K O F IN JU R Y . —N otwithstanding any other provision of this A ct, the Commission may, pursuant to sections 7 and 9 of this Act, amend the product safety standard for all-terrain vehicles to include any additional provi- sion that the Commission determines is reasonably necessary to reduce an unreasonable risk of in j ury associated with the performance of all-terrain vehicles. ‘‘( 4 ) CER T AIN P RO V ISIONS NOT APPLI C ABLE.— S ections 7 and 9 of this Act shall not apply to promulgation of any amendment of the product safety standard under paragraph ( 2 ). J udicial review of any amendment of the standard under paragraph (2) shall be in accordance with chapter 7 of title 5 , United States Code. ‘‘(c) RE Q UIRE M ENTS FOR 3- WH EELE D ALL-TERRAIN V EHICLES.— Until a mandatory consumer product safety standard applicable to 3-wheeled all-terrain vehicles promulgated pursuant to this Act is in effect, new 3-wheeled all-terrain vehicles may not be imported into or distributed in commerce in the United States. Any violation of this subsection shall be considered to be a violation of section 19(a)(1) of this Act and may also be enforced under section 17 of this Act. ‘‘(d) FURTHER P ROCEEDIN G S.— ‘‘(1) D EADLINE.—The Commission shall issue a final rule in its proceeding entitled ‘Standards for All Terrain Vehicles and B an of Three-wheeled All Terrain Vehicles ’ . ‘‘(2) CATEGORIES OF YOUTH ATVS.—In the final rule, the Commission, in consultation with the National H ighway Traffic Safety Administration, may provide for a multiple factor method of categori z ation that, at a minimum, takes into account— ‘‘(A) the weight of the ATV
‘‘(B) the ma x imum speed of the ATV; ‘‘(C) the velocity at which an ATV of a given weight is traveling at the maximum speed of the ATV; ‘‘(D) the age of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV; and ‘‘( E ) the average weight of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV. ‘‘(3) ADDITIONAL SAFETY STANDARDS.—In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, shall review the standard published under subsection (a)(1) and establish additional safety stand- ards for all-terrain vehicles to the extent necessary to protect the public health and safety. As part of its review, the Commis- sion shall consider, at a minimum, establishing or strength- ening standards on— ‘‘(A) suspension; ‘‘(B) brake performance; Regulations.
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