201

UNDER 14 .

THESE ACTIONS SURELY WOULD AVERT MORE NEEDLESS DEATH AND

INJURY .

IF JUST ONE COMPANY WOULD SEIZE THE INITIATIVE - - TO STOP CURRENT 3 - WHEEL ATV SALES , SUBSTITUTE A SAFER MODEL , AND RETRIEVE OR CALL BACK THOSE ALREADY IN USE - - WE ' D BE FAR ALONG THE WAY TO ALLEVIATING THIS TALE OF TRAGEDY . THE TRAGEDY IS COMPOUNDED BY THE UNWILLINGNESS OF THIS INDUSTRY EVEN TO RECOGNIZE THE PROBLEM . . . AND THEIR OWN CONTRIBU TION , IN FAILING TO ACT , TO ITS ENORMITY .

Mr . BARNARD . Mr . Chairman , I determined from the testimony this morning that you don ' t have unanimity on the Commission as far as what to do about this matter at this point . Am I correct there ?

Mr . TERRENCE SCANLON . Where all four Commissioners do agree is on the seven - point program that I outlined for you in my testi mony . :

Mr . BARNARD . Did the Commission at all take a position as to whether to recall the ATV ' s ?

Mr . TERRENCE SCANLON . We have not done that up to this time .

Mr . BARNARD . You did not even have a hearing as to that ? In other words , there was no motion made as far as your proceedings with reference to that is concerned ?

Mr . TERRENCE SCANLON . That is correct .

Mr . BARNARD . Well , Mr . Statler , as strongly as you feel about this matter , why wasn ' t such a motion made at least for consider ation ?

Mr . STATLER . First , I think the Commissioners recognize , as Rep resentative Craig indicated earlier , we don ' t need to be losing cases in court . We hoped , by this program of action , to get the manufac turers in the ideal situation to cooperate with us and at least work to improve the vehicle for the future .

Second , if we are ever going to win that case in court , should the Commission decide to recall or ban these vehicles , it is felt by the staff that we need additional engineering analysis , epidemiological analysis , human factors analysis , and medical analysis in order to support any such action .

Mr . BARNARD . Mr . Chairman , why has there been such a delay on the part of the Consumer Product Safety Commission to get into the study of this subject ?

Mr . TERRENCE SCANLON . There hasn ' t been a delay , Mr . Chair man .

Mr . BARNARD . Well , now , it was on April actually that the Com mission agreed to conduct the study ; right ?

Mr . TERRENCE SCANLON . That is correct . And that included an ANPR , an advance notice of proposed rulemaking . Mr . BARNARD . But that only went out yesterday ?