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Mr . TERRENCE SCANLON . Well , that has to be published and

fore it could be published , we had to have a ballot vote at the Commission . The ballot votes were due last night .

Mr . BARNARD . In other words , yesterday was the earliest date that you could address the question ? Just on a questionnaire that went out you had to have that information ? I mean , you had to publish it ?

Mr . TERRENCE SCANLON . We have to publish that in the Federal Register , that is correct .

Mr . STATLER . As I indicated , as a lawyer myself , the administra tive process is exceedingly complex ; and every step along the way , since this may be a litigated issue later on , we have to make sure that we can make our case . And so the ANPR you are referring to was very meticulously put together and was finally agreed upon last night .

But I would point out to you that since April 3 , the four people you see sitting at this table , as well as the entire task force , have been working day and night on this problem .

Mr . BARNARD . To be the devil ' s advocate just for 1 second , I am advised that there have been 3 , 700 recalls by the CPSC of 327 mil lion units of production and that in none of these recalls has there been the level of documented deaths and injuries as associated with the ATV ' s . How can you explain that ?

Mr . TERRENCE SCANLON . Mr . Chairman , we don ' t have the data or the hazard analyses today to substantiate a recall . Mr . STATLER . Your

CLER . Your figures are correct in terms of the recalls and the number of units recalled . I would simply point out that 99 per cent of those cases were recalls or corrective actions , as we call them , which were voluntarily agreed to by the party that had pro duced the product .

This is one case where , if we were to ask the ATV industry to recall that product , they would simply say no , and so we know it would be a litigated situation .

Mr . BARNARD . In other words , you feel that the 161 deaths re corded up through 1984 were not sufficient to do anything during that period of time ?

Mr . STATLER . That is not my position . I am increasingly uncom fortable with the body count that we are seeing . And , I am coming closer and closer to the position that we may just not be able to afford , as a society , and as an agency of the U . S . Government , to wait very much longer , and we may just have to go to court .

Mr . BARNARD . But you have waited , though . I mean , even to ad dress the question at all , as I see it . And from the testimony we have , this problem has been developing at an exceedingly fast rate over the last 3 or 4 years . What is the explanation of the CPSC for not taking more of a deliberative action before now , even to get out a study ?

Mr . Levinson , have you all done any engineering studies of this vehicle at this point ?

Mr . LEVINSON . Mr . Chairman , there has been engineering work done . I defer to the engineering

Mr . BARNARD . I didn ' t quite understand that .

Mr . LEVINSON . I defer to the engineering experts for the work they have done .