The latest on the lead law regarding youth atvs and dirtbikes?

[Humboldt Hills]

April 2, 2009

FOR IMMEDIATE RELEASE

Contact: Pete terHorst
Phone: (877) 877-8969
E-mail: peter.terhorst@sympoint.com
Digital images available upon request

CPSC staff recommends against exempting children's dirt bikes and ATVs from strict anti-lead law


PICKERINGTON, Ohio -- The staff of the Consumer Product Safety Commission (CPSC) is recommending that the agency refuse to grant an exemption for youth-model off-road motorcycles and all-terrain vehicles (ATV) from a new anti-lead law, the American Motorcyclist ***ociation (AMA) reports.

The law, the Consumer Product Safety Improvement Act (CPSIA) that took effect in February, has stopped the sale of dirt bikes and ATVs for children 12 or under. The law was meant to protect children from dangerous levels of lead in toys, but it was written so broadly that it also governs such things as children's books, clothes, motorcycles and ATVs.

Under the CPSIA, all youth products containing lead must have less than 600 parts per million by weight. The CPSC has interpreted the law to apply to various components of youth-sized off-highway vehicles (OHV) including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold.

The CPSC staff admits that the risk of exposure to lead from OHVs is relatively low. But the staff told the commissioners that the law is written so strictly that no lead absorption into the body is allowed. As a result, motorcycles and ATVs shouldn't be exempt from the law.

In light of this new recommendation, Ed Moreland, AMA vice president of government relations, is urging all motorcyclists and ATV riders to contact their U.S. Senate and House members. Moreland wants riders to ask their lawmakers to support letters being circulated on Capitol Hill that ask the CPSC to grant exemptions from the lead law for kids' dirt bikes and ATVs.

"The CPSC is expected to vote on the staff recommendation soon," Moreland said, "so motorcyclists and ATV riders need to contact their federal lawmakers now."

Moreland added that riders should also tell Congress to support two bills aimed at righting this oversight: H.R. 1587 and S. 608.

The easiest way to take action is by visiting www.AmericanMotorcyclist.com, clicking on the "Rights" section and then "Issues and Legislation." AMA members will also find a card in the May issue of American Motorcyclist addressed to the CPSC that they can mail.

Interested parties can also sign up in the "Rights" section to get e-mail Action Alerts to keep abreast of issues threatening motorcycling and ATV riding, and to take action.

[Humboldt Hills]

THE LATEST;



April 3, 2009

FOR IMMEDIATE RELEASE

Contact: Pete terHorst
Phone: (877) 877-8969
E-mail: peter.terhorst@sympoint.com
Digital images available upon request

One of two CPSC commissioners votes to delay enforcement of ban on sale of youth-model OHVs


PICKERINGTON, Ohio -- Acting Chairman Nancy Nord of the federal Consumer Product Safety Commission has decided to hold off for a year enforcing the new lead law that has forced dealers to yank youth-model off-road motorcycles and ATVs off their showroom floors.

Commissioner Thomas Moore, the second member of the commission, has yet to vote.

The law, the Consumer Product Safety Improvement Act (CPSIA) that took effect in February, has stopped the sale of dirt bikes and ATVs for children 12 or under. The law was meant to protect children from dangerous levels of lead in toys, but it was written so broadly that it also governs such things as children's books, clothes, motorcycles and ATVs.

Chairman Nord's statement follows.


STATEMENT OF ACTING CHAIRMAN NANCY NORD
ON THE REQUEST FOR EXCLUSIONS FROM THE LEAD CONTENT LIMITS OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008
April 3, 2009


In considering exclusions, consumer safety must direct the outcome of our deliberations. Therefore, it is with extreme reluctance that I am voting today to deny the petition, filed by companies and ***ociations representing the ATV and motorized bike industries, for an exclusion from the lead content limits found in Section 101 of the Consumer Product Safety Improvements Act (CPSIA). I do this because the clear language of the law requires this result, not because it advances consumer safety. To the contrary, application of the lead content mandates of the CPSIA to the products made by the petitioners may have the perverse effect of actually endangering children by forcing youth-sized vehicles off the market and resulting in children riding the far more dangerous adult-sized ATV's.

For this reason, in my capacity as chairman, I am directing compliance staff to stay enforcement of Section 101 and related provisions of the CPSIA to this category of products for twelve months and hope my colleague, Commissioner Moore, will join me in making this a unanimous decision by the Commission. During this time-out, it is my hope that Congress will consider how the law needs to be fine-tuned to address this serious child safety dilemma. This enforcement hiatus will also give industry the opportunity to examine what reasonable changes can be made in their products to bring them closer to the requirements Congress set out in the CPSIA. Staff will meet with industry to do more testing to determine how their products can meet the 300 ppm threshold Congress set and determine what is possible. I will expect periodic status reports on progress to this plan.

It is clear that the law does not give the Commission the flexibility to grant an exclusion for petitioners' products. Congress wrote Section 101(b) in such a way as to leave little discretionary power with the agency to grant common sense exclusions. This lack of flexibility was brought to the attention of Congressional staff working on the legislation during the conference process and it was confirmed this is what was intended. As our career staff has discussed on many occasions and as we now have been formally advised by staff, we do not have the statutory authority to grant the exclusion requested in this case.

Even though the career staff of the agency has concluded that we cannot grant the exclusion, they have NOT concluded that petitioners products present a health risk to children because of exposure to lead. To the contrary, staff states "a bigger safety concern than lead exposure is that the elimination of youth ATV sales will most likely increase the number of adult ATV's purchased to be used by younger children; therefore increasing their risk of injury and death."

The issues presented to us in the petition are much more complex than just ordering petitioners to "get the lead out" of their products by a certain date. Petitioners have presented persuasive evidence that lead serves a purpose in the structural integrity of the metals used in the products and that suitable substitutes are not available. They point out the impracticality of using virgin materials for these products, including issues dealing with the recycling of metals. They point out that the approach in the CPSIA is contrary to the approach taken in the rest of the world, e.g. the European Union which has looked at these issues rather extensively and made allowances. These are all issues that the Commission should have the authority to consider but under the rigid language of the CPSIA, we cannot.

The effect of denying the petition is to make Section 101(e) of the CPSIA, which limits the Commission's authority to stay enforcement during rulemaking, no longer applicable. Therefore, during the pendency of a stay of enforcement, ATV's and motorized bikes appropriately sized for children twelve and younger can again be available and the Commission will not seek penalties for violation of Section 101 and related provisions of the CPSIA against those who sell them. I hope that the state attorneys general will follow the lead of the agency on this matter.

All stakeholders-industry, users, Congress, and the Commission-need to come together to fix the statutory problems that have become so apparent, in a common sense approach that does not unnecessarily burden those regulated, yet provides safety for American families.


About the American Motorcyclist ***ociation
Since 1924, the AMA has promoted and protected the motorcycling lifestyle. AMA members come from all walks of life and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world's largest motorcycle organization with nearly 300,000 members, the AMA advocates for motorcyclists' interests in the halls of local, state and federal government, the committees of international governing organizations and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition events than any other organization in the world. Through its Motorcycle Hall of Fame Museum, the AMA preserves the heritage of motorcycling for future generations. For more information, visit www.AmericanMotorcyclist.com.

[Humboldt Hills]

Contact: Pete terHorst
Phone: (877) 877-8969
E-mail: peter.terhorst@sympoint.com

CPSC poised to delay enforcement of law that bans sale of youth-model motorcycles and ATVs


PICKERINGTON, Ohio --The Consumer Product Safety Commission (CPSC) has voted to deny a petition to exclude youth-model motorcycles and ATVs from a law that bans their sale because of possible lead concerns--but has cleared the way for a second vote by month's end to delay enforcement of the law, the American Motorcyclist ***ociation (AMA) reports.

Because both members of the commission have said they favor a stay of enforcement, the move almost certainly will stay the execution of parts of the Consumer Product Safety Improvement Act (CPSIA) within the agency. On Friday, commission filings in preparation for the vote indicated a stay could be as long as two years, possibly expiring May 1, 2011. A planned second vote on that timeframe was expected by the end of April.

In addition, it's not clear whether state attorneys general, who are also charged with enforcing the law, will also stand down.

"Clearly this latest move shows that the CPSC realizes that youth-model motorcycles and ATVs have no business getting caught up in a law aimed at children's toys," said Ed Moreland, the AMA's vice president for government relations. "We're heartened that both commissioners favor a stay of enforcement, and it appears that this could clear the way for dealers to sell youth-model motorcycles and ATVs--an important consideration for riders and motorsports businesses alike as the riding and racing season ramps up.

"However, this vote doesn't solve the larger, long-term issue, which is whether or not youth-model motorcycles and ATVs will be exempted from the CPSIA," Moreland noted. "We believe they should be excluded, and we will continue to work with our partners in the industry and our friends in Congress to make that happen."

Acting CPSC Chairwoman Nancy Nord went on record on April 3 favoring a stay of enforcement. On April 16, Commissioner Thomas Moore agreed.

"It is clear from the post-enactment statements of some Members of Congress who were
Conferees on the CPSIA that they believe the Commission has the authority to make sensible
allowances for these vehicles as long as child safety is not compromised," Moore said in his statement. "Given the extremely restrictive language of the law, the only avenue I can see is for the Commission to establish an enforcement plan that follows, to the greatest extent possible, the Act's intention for future production, while providing relief to the industry and the riding community for vehicles already manufactured and those manufactured during the stay."

The full text of Moore's statement is below.


STATEMENT OF THE HONORABLE THOMAS H. MOORE
ON THE PETITION FOR TEMPORARY FINAL RULE
TO EXCLUDE A CL*** OF MATERIALS UNDER SECTION 101(b) OF
THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008 (CPSIA)
April 16, 2009


I am aware of the speculation that has surrounded my vote on this issue. My staff has spent the time since the ballot came to the Commission working on what I believe is a good solution for the riders of youth motorized recreational vehicles, building and expanding upon the initial position taken by Acting Chairman Nord. The direction my colleague and I are giving to the staff today balances the Congressional desire to protect children from unnecessary contact with leaded components in these vehicles with the need to protect those same children from the potential for physical injury related to riding inappropriate adult-sized vehicles, or riding vehicles either in need of repair or less structurally sound than the ones currently on the market.

It is clear from the post-enactment statements of some Members of Congress who were Conferees on the CPSIA that they believe the Commission has the authority to make sensible allowances for these vehicles as long as child safety is not compromised. Given the extremely restrictive language of the law, the only avenue I can see is for the Commission to establish an enforcement plan that follows, to the greatest extent possible, the Act's intention for future production, while providing relief to the industry and the riding community for vehicles already manufactured and those manufactured during the stay. There are compelling safety arguments that justify a stay of enforcement.

It is ironic that I am defending vehicles that I consider to be dangerous for children under 12 to ride and which contain accessible parts with excess levels of lead. However, the alternatives appear to be more dangerous. American parents seem to be willing to accept the risk for their children riding these vehicles, so it is the agency's task, at this stage, to ensure that the vehicles are as safe as possible. One safety rule the agency has stressed is keeping children off of adult-sized ATVs.1 To the extent that new children's ATVs cannot currently meet the lead limits in the CPSIA, there is the likelihood that parents seeking new vehicles will buy adult-sized ATVs for their children to use. We have also been notified by one ATV manufacturer that they are simply relabeling their Y-6+ and Y-10+ youth ATVs as Y-12+, removing the speed limiting device and continuing to sell them. Thus the vehicles that are more accurately sized for younger children will be less safe because of their ability to attain higher speeds.

The other part of the safety equation that helps balance an enforcement plan against the increased lead exposure it allows, is based on the ***ertions that certain vehicle components cannot be made with lead below a certain level without compromising the structural integrity (or another safety element) of the component. The enforcement plan of the Commission must require concrete data from the manufacturers on this point to justify their continued use of lead in excess of the applicable lead limit.

The industry has pointed to the European Union's RoHS and ELV Directives as a guide for what lead reductions or substitutions may be technologically infeasible for their youth vehicles. While we might not need to allow the high lead limits allowed in those Directives for all components, there is guidance to be taken in how the European system is administered. They set an expiration date for their exemptions. Prior to that expiration date it is up to industry to come in and make their case that it is still technologically infeasible to reduce lead to a level at which an exemption is no longer required. The evidence considered is strictly limited to technological feasibility, not on the higher cost of a viable substitute. The guiding principle for this agency's determinations has to be the safety of the children riding these vehicles.

I believe a stay of enforcement issued by the Commission should:
--relieve all makers, sellers, and distributors of youth motorized recreational vehicles made to date and through the expiration date of the stay from enforcement actions for failure to meet the lead limits of the CPSIA;
--allow those vehicles to be repaired, sold, traded, and otherwise used as they have been;
--allow the sale, distribution and installation of replacement parts that are comparable in lead levels to the old part being replaced until such time as those parts can be brought into compliance;
--expect industry to bring their vehicle components into compliance on a
reasonable schedule, to the extent that is technologically feasible, and to provide us with the detailed information we need to make informed decisions about those components in the future.

The Commission simply cannot ignore the safety tradeoffs that could arise by not providing this relief but it must also work with industry to bring the non-complying components of these youth vehicles as close to the lead limits established by law as is currently technologically feasible, to the extent those parts cannot be made inaccessible. The Commission also needs to let the riding community know that they can continue to use the vehicles they own as they always have.

I believe the approach taken today by myself and Acting Chairman Nord of directing the staff to draft a Federal Register notice containing concrete elements of a stay is the reasonable approach that the Congress is looking for us to take. I anticipate that the Commission will vote to approve it in the near future.

1) Most of my discussion is focused on the ATV industry as they present the greatest (lead and non-lead) safety challenges. However, the enforcement program will also apply to children's off-road motorcycles and snowmobiles.

About the American Motorcyclist ***ociation
Since 1924, the AMA has promoted and protected the motorcycling lifestyle. AMA members come from all walks of life and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world's largest motorcycle organization with nearly 300,000 members, the AMA advocates for motorcyclists' interests in the halls of local, state and federal government, the committees of international governing organizations and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition events than any other organization in the world. Through its Motorcycle Hall of Fame Museum, the AMA preserves the heritage of motorcycling for future generations. For more information, visit www.AmericanMotorcyclist.com.

[Humboldt Hills]

April 28, 2009

FOR IMMEDIATE RELEASE

Contact: Pete terHorst
Phone: (877) 877-8969
E-mail: peter.terhorst@sympoint.com

Consumer Product Safety Commission set to vote by Friday to postpone enforcement of lead law provisions for youth-model motorcycles and ATVs


PICKERINGTON, Ohio -- Acting Chairwoman Nancy Nord and Commissioner Thomas Moore, the two members of the Consumer Product Safety Commission (CPSC), are scheduled to vote by Friday, May 1, on whether to delay enforcement of a lead law that currently bans the sale of youth-model motorcycles and ATVs, the American Motorcyclist ***ociation (AMA) reports. Specific details of the ballot have not yet been released.

The two commissioners voted earlier this month to deny a petition to exclude youth-model motorcycles and ATVs from the Consumer Product Safety Improvement Act (CPSIA). However, the commissioners indicated their desire to enact a stay of enforcement that would give the motorcycle industry and Congress time to p*** legislation exempting these vehicles from the law as it is currently written.

"The effect of denying the petition is to make Section 101(e) of the CPSIA, which limits the commission's authority to stay enforcement during rulemaking, no longer applicable," said Nord on April 3 in her statement on the request for exclusion from lead content limits of the CPSIA of 2008. "Therefore, during the pendency of a stay of enforcement, ATVs and motorized bikes appropriately sized for children 12 and younger can again be available and the Commission will not seek penalties for violation of Section 101 and related provisions of the CPSIA against those who sell them. I hope that the state attorneys general will follow the lead of the agency on this matter."

On April 17, commission filings in preparation for the vote indicated a stay could be as long as two years, possibly expiring May 1, 2011.

Despite Nord's statement, it is unclear whether state attorneys general will also decline to enforce the CPSIA. The sale of youth-model motorcycles and ATVs is still technically illegal. Even though a stay means that dealers would not be subject to fines or penalties imposed by the CPSC, state attorneys general would still be able to prosecute violators if they chose to do so.

"Even if the CPSC commissioners do approve a stay, the vote won't solve the bigger problem," said Ed Moreland, AMA vice president for government relations. "Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen. We will continue to work with our partners in the industry and our friends in Congress to make certain that it does."



About the American Motorcyclist ***ociation
Since 1924, the AMA has promoted and protected the motorcycling lifestyle. AMA members come from all walks of life and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world's largest motorcycle organization with nearly 300,000 members, the AMA advocates for motorcyclists' interests in the halls of local, state and federal government, the committees of international governing organizations and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition events than any other organization in the world. Through its Motorcycle Hall of Fame Museum, the AMA preserves the heritage of motorcycling for future generations. For more information, visit www.AmericanMotorcyclist.com.