CPSC issued this proposed rule after their preliminary determination that there is an unreasonable risk of injury and death associated with debris penetration in off-highway vehicles. However, debris penetration incidents are rare, and injuries or fatalities resulting from debris penetration are even rarer. Between 2009 and 2021, the notice of proposed rulemaking (NPRM) identified only 107 incidents of debris penetration which resulted in 6 fatalities and 22 injuries ranging from mostly minor cuts and bruises to broken bones; during this twelve year period, tens of millions of off-highway vehicles were driven, and many hundreds of millions of miles were traveled.

“As you know, off-highway vehicles are a staple of American life. They are used for recreation, agriculture, law enforcement, emergency services, and more. They are also an important economic driver, especially in rural America,” the Senators said in part. “We have serious concerns regarding the rulemaking process and the substance of the proposed debris penetration rule. Moreover, we are concerned about the effect the rule would have on the availability of off-highway vehicles and on the economic footprint of the powersports industry.”

“Despite the absence of evidence to demonstrate unreasonable risk of injury and death, the powersports industry issued new voluntary safety standards to address debris penetration,” the Senators continued. “Given the adequacy and effectiveness of these voluntary safety standards, it would not only be inappropriate for CPSC to finalize its rulemaking, it would also exceed CPSC’s rulemaking authority to ignore such consensus-based voluntary standards that would eliminate or adequately reduce risk for debris penetration.”

Senators Deb Fischer (R-Neb.), John Barrasso (R-Wyo.), Cynthia Lummis (R-Wyo.), Ted Budd (R-N.C.), and Joe Manchin (D-W.Va.) also signed the letter.

Read the full letter here.