165

Answer 3 ( a - e ) :

a .

See attached March 12 , 1985 Commission Briefing Package Options Paper . The Commission has directed the staff to investigate whether ATVs ( or some ATVs ) are imminently hazardous consumer products or are substantial product hazards within the meaning of sections 12 and 15 of the CPSA . This investigation is ongoing at this time . When this investigation is completed , the Commission will determine whether action under either of these sections is feasible or necessary to protect the public . ( Also , see restricted OGC memo of March 28 , 1985 , provided to the subconmittee ) .

C .

See attached March 12 , 1985 Commission Briefing Package Options Paper .

The Commission is attempting to obtain relevant information from manufacturers voluntarily . If the manufacturers do not voluntarily provide requested data and documents , the Commis sion will decide whether to use the compulsory process pro visions available to it under section 27 of the CPSA .

The series of five public hearings are legislative in nature under the authority of section 27 ( a ) of the CPSA . However , the Commission expects to obtain information through these hearings that will assist in its section 12 and 15 compliance investigation , as well as in its rulemaking proceeding . The specific types of information sought are described in the attached FEDERAL REGISTER notice announcing the Jackson , Mississippi hearing .

Mr . BARNARD . We will now have Mr . Statler .

I might say at this point that the entire Commission was invited to be here today . Unfortunately , Ms . Saundra Brown Armstrong and Ms . Carol Dawson were unable to appear . However , they have supplied written statements for the record and , without objection , they will be admitted . Mr . CRAIG . No objection , Mr . Chairman .

[ The prepared statements of Ms . Armstrong and Ms . Dawson follow : ]