The Motorcycle Industry Council today encouraged dealers to send an e-mail to the Consumer Product Safety Commission asking it to delay the effective date of its new lead regulations for children’s products.
Yesterday, the National Association of Manufacturers CPSC Coalition (of which the MIC is a member) presented to the CPSC a ballot in which it requested an emergency stay of the effective date of CPSIA Section 101(a)(2), the lead content provisions. The MIC encouraged member companies, dealers, enthusiasts and other stakeholders to contact the commissioners as soon as possible to urge them to grant the request, which would extend the effective date for at least 185 days. The MIC also encouraged powersports stakeholders to urge the commissioners to grant the petitions for temporary exclusion for certain ATV and motorcycle components, parts and accessories, filed by the MIC, the Specialty Vehicle Institute of America and their member companies.
Dealers can express their support for the stay and the petitions by sending an e-mail to firstname.lastname@example.org. To view e-mails that have already been sent, they can go to http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML and click on “Public Comment.”
Meanwhile, the AMA has issued a plea to the Consumer Product Safety Commission seeking a temporary stay on new rules regarding lead content in off-highway vehicles.
The following is the full text of the letter:
February 2, 2009
Acting Chairman Nancy Nord
Commissioner Thomas Moore
U.S. Consumer Product Safety Commission
4330 East-West Highway
Bethesda, MD 20814
RE: Consumer Product Safety Improvement Act
Dear Chairman Nord and Commissioner Moore:
The American Motorcyclist Association (AMA) is a not-for-profit organization, founded in 1924 and incorporated in Ohio. In partnership with our sister organization, the All-Terrain Vehicle Association (ATVA), we represent more than 300,000 motorcyclists and all-terrain vehicle (ATV) riders nationwide. Our members are interested in any action that may affect their enjoyment of motorcycle or ATV recreation. In this regard, we write to express our concern with the implementation of the Consumer Product Safety Improvement Act (CPSIA).
Because some youth-model off-highway motorcycles and ATVs are intended primarily for use by children ages 12 and younger, these vehicles are subject to the lead content limits specified in the CPSIA. According to motorcycle and ATV industry sources, most motorcycle and ATV components are compliant with the CPSIA’s lead limits, but some components unavoidably contain small quantities of lead in excess of the CPSIA’s limits. The nature and location of these components (i.e., battery terminals – which are usually behind a secure panel) suggests a very minimal exposure risk. Nevertheless, the AMA supports the efforts of the joint CPSC and the industry to minimize the exposure risk posed to youthful operators of these vehicles.
Of greater concern to our members is that, although the CPSC has published proposed procedures for seeking exclusion from the lead limits, there is no practical way for manufacturers and distributors of ATVs and off-highway motorcycles to seek and obtain exclusions prior to the February 10 effective date for the new requirements. Unless the CPSC acts immediately to grant the manufacturers and distributors of motorcycles and ATVs emergency relief and a temporary exclusion from the lead limits for certain applications, a severe and unwarranted disruption in the supply of youth-model vehicles will occur.
Inaction on this issue will do irreparable harm to segments of the powersports industry that are already struggling with an unfavorable economy. The most vulnerable are the small dealers and suppliers -- the “mom and pop” shops in thousands of communities across America.
Even more alarming than the potential damage to business and industry are the potential, unintended safety consequences for motorcycle and ATV youth riders. As you know from our extensive work with the CPSC on youth ATV safety, our members are very concerned about the safety of young ATV and off-highway motorcycle riders. It is of upmost importance that young riders only ride appropriately sized machines. We’ve joined with the CPSC, the industry and other user groups to promote this important message. To suddenly eliminate the availability of all ATVs and motorcycles designed for riders ages 12 and under is counterproductive to all of the work that we have done together to promote youth rider safety. If emergency relief is not granted immediately, some consumers will very likely purchase vehicles that are physically too large for young riders, exposing them to unnecessary risk.
In summary, an unreasonable and rushed implementation of the CPSIA is unwarranted and unnecessarily harmful to the motorcycle and ATV riding communities, and may negatively affect youth motorcycle and ATV safety.
We respectfully request that you grant the manufacturers’ and distributors’ petitions for emergency relief and temporary exclusion from the lead limits of the CPSIA.
Vice President, Government Relations