The real question is why don ' t these manufacturers , basically four foreign manu facturers , recognize the seriousness of this problem and cease production immediate ly and possibly recall every one of the 1 . 8 million that are out there on the market ?

Now you made that on April 25 ; is that not correct ? Mr . STATLER . That is correct .

Mr . CRAIG . And yet , in a freedom of information request letter from CPSC , this was stated prior to February , or following Febru ary 14 , 1985 , I quote :

A search of our files has failed to reveal any documentation in existence prior to February 14 , 1985 , which expresses the position of the Commission as a body con cerning the stability .

And I have to think that goes back to what we were talking about just a little bit ago about the ability to find inherent versus what was the term you used ?

Mr . STATLER . Versus unreasonable risk of injury . That is the only - -

Nr . CRAIG . Versus unreasonable risk of injury . And yet , I get the feeling that you have made the judgment yourself already , based on this kind of a statement before 20 / 20 , that there is clear reason for recall .

Mr . STATLER . I think , as I have tried to explain this morning , there is clear reason for the manufacturers , just as the chain saw industry , to approach the problem themselves and to get those products off the market if for no other reason than they will cut their losses later on in terms of the product liability potential .

But I mean , it is similar to the problem faced by the makers of the Dalkon shield . If they were faced with the problem that they have today 10 years ago and they knew everything then that they know now , I firmly believe that A . H . Robins would have recalled all the millions of units of the Dalkon shield 10 years ago . Of course , they didn ' t know it then .

But , the manufacturers of ATV ' s , they know it right now . They know they have a problem . These charts show it . The figures show it . Next year , if we don ' t take any action , they are going to see somewhere upwards of 100 , 000 injuries and over 100 deaths . And then the next year it is probably going to be double that based upon the trend . When are they going to know ? When are they going to face up - -

Mr . CRAIG . Well , let me ask that question of you , then . You , and correct me if I am wrong , I thought I got , and I don ' t know if it came directly from your statement or your paraphrasing of it , that you were dealing with a recalcitrant industry , one that had been less than cooperative is what I have been led to believe by you . Is that correct in your opinion ?

Mr . STATLER . Yes , sir .

Mr . CRAIG . What is the industry currently doing with the Con sumer Product Safety Commission at this moment ? Nothing ?

Mr . STATLER . No , there is action underway . And fortunately , there is action underway in the way of they are doing training , they are doing education , they are encouraging proper attire . Mr . CRAIG . Are they working with you in this ?

Mr . STATLER . They are . My understanding is that subsequent to the Commission decision to put out an ANPŘ , an advance notice of proposed rulemaking , they agreed finally to address the key issue