OPEI continues to oppose CPSC’s Debris Penetration rulemaking activity for several reasons. First (and foremost), ANSI/OPEI B71.9-2022, in combination with the harmonized requirements of ANSI/ROHVA 1-2023, adequately addresses unreasonable risk of injury from debris penetration in ROVs and UTVs. As shared in OPEI’s rulemaking comments, the voluntary standards are robust – based on debris penetration data-analysis from millions of in-service vehicles, paired with significant testing, research and development efforts from leading vehicle manufacturers. 1 Furthermore, OPEI has provided detailed rulemaking comments which demonstrate that CPSC’s incident data does not support the agency’s conclusion that the proposed rule would reduce any unreasonable risk of injury beyond the already implemented debris penetration requirements of the voluntary standards. To the contrary, the voluntary standards go beyond the scope of the proposed rule and address debris penetration that may occur to the undercarriage of the vehicle which accounts for the majority of debris penetration areas reported in CPSC In-Depth Investigations. 2 Finally, as described in OPEI’s December 2024 comments to the NoA, CPSC grossly overestimated the benefits of the proposed rule by including incidents that (1) would be eliminated by the requirements of the voluntary standard, (2) occurred to parts of the vehicle beyond the scope of the proposed rule (addressed by the voluntary standards, but not the proposed rule), (3) were related to a particular series of (highly successful) recall and redesign campaigns, (4) had an inconclusive incident narrative (from which the necessary details of the debris penetration could not be concluded), and/or (5) were otherwise well beyond the test conditions of the proposed rule. 3 Considering these facts, OPEI requests CPSC terminate the OHV Debris Penetration Final Rule activity and rely on the revised voluntary standards which reasonably address the risk of debris penetration – as statutorily required by the CPSA. II. Terminate OHV Fire Hazards Rulemaking-Related Activity In Mach 2023 OPEI published the 3rd edition of ANSI/OPEI B71.9 American national Standard for Multi-Purpose Off-Highway Utility Vehicles. The voluntary standard includes new testing requirements developed to prevent fire and burn hazards. OPEI standards are widely recognized and adopted by manufacturers. CPSC has shared no new UTV-related fire or burn hazard information with OPEI since early in the development of the most recent editions of both voluntary standards – including in FY’s 2023 and 2024, when this item remained in the CPSC Operating Plan. OPEI believes ANSI/OPEI B71.9-2022, in combination with the harmonized requirements of ANSI/ROHVA 1-2023, adequately address the unreasonable risk of fire and burn hazards in ROVs and UTVs, which were the scope of this rulemaking activity, summarized by the In-Depth Investigations collaboratively reviewed by industry and the agency. OPEI requests CPSC terminate the OHV Fire Hazards rulemaking-related 1 OPEI, Docket CPSC-2021-0014 Safety Standard Debris Penetration NPE OPEI Comments FINAL 220919 , Comment 1a, September 19, 2022, pg. 4. 2 OPEI, Docket CPSC-2021-0014 Data Regarding Debris Penetration Hazards for ROV and UTVs NPR NoA Request for Comment OPEI FINAL 241204, December 4, 2024, pg. 6 3 Id.
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