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[outlaw]

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« Remember what mom always said: Don’t eat lead or motorcycle parts.CPSC Approves Sale of Units for Youths, 12-15 »

CPSC Blocks MIC Lead Content Petition

By Joe Delmont


The Consumer Product Safety Commission (CPSC) has denied the motorcycle industry’s request for temporary relief from the lead content rule covering children’s toys that became effective Feb. 10, 2009, saying it didn’t have authority to grant that relief.

The petitions filed by the Motorcycle Industry Council (MIC) and the Specialty Vehicle Institute of America (SVIA) sought temporary exclusions that would have provided an opportunity for powersports companies to clear out inventories that do not meet the new standards. The CPSC now will consider the MIC/SVIA submissions as it finalizes its rule-making for granting permanent exclusionsThe standards are part of the Consumer Products Safety Improvement Act (CPSIA) that became law last August. The law limits the amount of lead in paint and total content of products produced primarily for children ages 12 and under. The law applies to children’s ATVs, motorcycles, and related parts, accessories and apparel.

The prohibited products are considered hazardous substances and the fines for selling such products are stiff: up to $US 100,000 per infraction and up to $US 15 million for repeated violations.

In a letter to the MIC/SVIA reviewed by Dealernews magazine, the CPSC’s general counsel wrote that the CPSC does not have the authority to grant the requested delay. The commission can exclude certain materials only after “notice and a hearing and only if the commission makes the findings” as specified in the law, the letter states.

The comment period on the rule ends today (Feb. 17, 2009). “In the normal course,” says Paul Vitrano, MIC general counsel, “it would be months after that date. But they may expedite in these circumstances,” he said.

In addition to gathering signatures on letters to CPSC at the recent Dealer Expo in Indianapolis, the MIC/SVIA also is using the Americans for Responsible Recreational Access (ARRA) at www.arra-access.com to generate constituent letters to members of Congress. Citizens also are encouraged to visit www.tomself.com, a website developed by Missouri Rep. Tom Self that helps users generate letters to relevant Congressional sub-committee members.

“My mantra is that kids don’t lick or eat ATV or motorcycle parts,” says Vitrano. “The truly ironic thing here is that this law has made these products unavailable out of concern for a lead risk that is not even real, and yet by making them unavailable, it possibly created a real risk for kids riding vehicles that are too large for them.” JD

[outlaw]

House Resolution 736 Introduced by Representative Tom Self

Whereas, a new federal law aimed at protecting children from lead in toys has also forced a nationwide halt in sales of off-road motorcycles and recreational vehicles built for young riders, halting a multimillion-dollar industry that was thriving despite the recession; and


Whereas, on February 10, 2009, the new Consumer Product Safety Improvement Act (CPSIA) requirements that limit the lead content in all children's products went into effect; and


Whereas, under the CPSIA, "children's product" means a consumer product designed or intended primarily for children 12 years of age or younger; and


Whereas, youth model all-terrain vehicles (ATVs) and off-highway motorcycles, as well as parts and accessories for youth ATVs and motorcycles are severely impacted by the new lead limits established under the CPSIA; and


Whereas, over 50,000 U.S. citizens have requested through www.tomself.com alone that a letter be sent on their behalf to the Consumer Product Safety Commission voicing their concerns on this small powersports issue; and


Whereas, there are many other ongoing efforts which are receiving a large volume of responses from citizens similarly concerned with this small powersports issue; and


Whereas, as a result of the CPSIA, thousands of powersports dealers were told to halt all sales of vehicles designed for children 12 and younger, new and used; and


Whereas, the Motorcycle Industry Council estimates nearly 100,000 youth bikes were sold in the United States in 2008. An industry trade publication estimates the value of inventory at United States dealers which can no longer be sold probably exceeds $100 million; and


Whereas, beyond the current inventory, there are millions and millions of dollars worth of parts now in the product pipeline to dealers that cannot be sold; and


Whereas, the industry estimates the retail market value for all off-road cycles and ATVs at $14.5 billion a year, including sales, service, parts, accessories, and payroll; and


Whereas, consumers have borrowed significant amounts of money on untold hundreds of thousands of youth ATVs and motorcycles; and


Whereas, parts for these youth ATVs and motorcycles are now unavailable, which in many cases renders the ATV or motocycle inoperable or not safely operable; and


Whereas, if parts are not readily available, owners and operators may be tempted or forced to go beyond normal maintenance and repair guidelines, resulting in an improperly performing machine; and


Whereas, some machines may require some wear parts to be replaced in as little as 10 hours of use and operators may try to operate improperly sized units if properly sized units are not readily available; and


Whereas, the Consumer Product Safety Commission needs to take a common sense approach to implementation of the CPSIA's lead provisions in order to avoid major disruptions to youth ATV and motorcycle enthusiasts, owners, manufacturers, and the dealer network of thousands of small, independent businesses which employ tens of thousands of Americans; and


Whereas, while protecting children from those products that truly present a lead risk is important, there should be a waiver or exclusion for products that do not present risk to children; and


Whereas, while the CPSIA provides for exclusions and authorizes the Consumer Product Safety Commission to grant exclusions under certain conditions, to date the Consumer Product Safety Commission has not granted any exclusions for youth ATVs and motorcycles; and


Whereas, any delay in providing a waiver or exclusion for youth ATVs and motorcycles creates an untenable situation for thousands of owners, manufacturers, and dealers, many of whom are small businesses. Huge inventories of products that present no health risk to children are rendered retroactively illegal, and future products are prohibited from sale; and


Whereas, a waiver or exclusion for youth ATVs and motorcycles is needed because, in the absence of government action, there likely will not be any new youth ATVs or motorcycles available for purchase in their local dealerships and owners will not be able to obtain parts for youth ATVs and motorcycles already purchased:


Now, therefore, be it resolved that we, the members of the Missouri House of Representatives, Ninety-fifth General Assembly, strongly urge the Consumer Product Safety Commission to provide a waiver or exclusion for youth ATVs and motorcycles from the lead limit requirements of the Consumer Product Safety Improvement Act; and


Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Consumer Product Safety Commission, the Congressional committees of the United States House and Senate with oversight of the Consumer Product Safety Commission, and each member of the Missouri Congressional delegation.


Office Contact Information
Jefferson City
Missouri House of Representatives
State Capitol, Room 302A
201 West Capitol Avenue
Jefferson City, MO 65101

Phone: 573.751.3971
Fax: 573.526.1889

[outlaw]

Letter to the Consumer Product Safety Commission

Dear Sirs:

I would like to thank you for your both your service and dedication to consumer product safety.

I would also like to thank you for this opportunity to comment on both your proposed rules and the "real world impacts" of the CPSIA.

I am in support of the proposed rule regarding the consideration of exclusion requests. I know navigating these requests takes both time and resources as well as input from various sources.

I would also like to take this opportunity to confirm that through the website www.tomself.com we have forwarded approximately fifty thousand ( 50,000 ) e-mails on behalf of approximately fifty thousand ( 50,000 ) individuals to the commission regarding issues concerning small power sports units. These e-mails were generated through one website in just one week indicating a massive nation wide concern both practical as well as economic. I have also been informed of other efforts across the country that you may be aware of that also speak to the concern of citizens.

There are untold hundreds of thousands of units, some of which consumers have borrowed significant amounts of money on, that simple parts are now unavailable for. This in many cases renders the unit inoperable or not safely operable. If parts are not available that would enable the machine to be operated in a safe manner, this I'm sure would be of an interest to the commission. There seems to be a belief that if parts are not available people simply won't ride. That, I believe, may not be the case. If parts are not readily available, people may be tempted to go beyond normal maintenance and repair guidelines resulting in an improperly performing machine. Some machines may require some wear parts to be replaced in as little as 10 hours of use. There is also a concern operators may try to operate improperly sized units if properly sized units are not readily available.

According to an article in USA Today ( 2-17-09 page 3 ) it appears we are looking at an immediate lockdown that may exceed $100 million worth of current inventory affecting a $14.5 billion per year industry employing approximately 124,000 people.

I may be mis-informed but it appears a bill aimed at protecting small children from small toys has inadvertently gone awry. Children's hands rest on rubber grips, their feet are in boots or other footwear, and any other body part is isolated from the unit itself as well. It certainly is not a normal practice for a child to lick or ingest a motorcycle or a part nor do infants ride. While I may appreciate the intent of the bill I also recognize the commission's ability to do exemptions and waivers as it deems fit and I certainly believe there is reasonable evidence for such in this case.

Thank you both for your consideration in this matter as well as allowing me to comment on it. I know you have a difficult job ahead of you and I certainly wish you the best in your endeavors.

Sincerely,

Tom Self
State Representative - District 116
State of Missouri
_________________
Proud Mom of Kaysie Chelette #18 Jr. Mini Class
The Outlaws Racing Team

[outlaw]

UPDATE AGAIN FROM WWW.TOMSELF.COM

KEEP UP THE GOOD WORK!! WHEN I TALKED WITH MR. SELF YESTERDAY HE HAD ONLY 40,000 RESPONSES ON HIS WEBSITE.... IN ONE DAY WE GENERATED 13,000 MORE!!! KEEP OUR VOICE STRONG!!

As of Wednesday February 18th, we have had over 53,000 petitions signed through this website.

Keep up the good work, so that our Government hears the voices of the American People.

[knotheadracing]

Here is all the links so you don't have to look for them

http://www.tomself.com/

http://cmpgnr.com/r.html?c=1417062&r...2edoc&g=0&f=-1

http://www.amadirectlink.com/legisltn/rapidresponse.asp

http://www.amadirectlink.com/legisltn/rapidresponse.asp

http://www.cpsc.gov/cpsia.Pdf

www.AmericanMotorcyclist.com.

http://www.fyi.legis.state.tx.us/

Everyone go to these links and sign the petition
_________________
KEEPING OUR KIDS ON THE TRACK AND OFF DRUGS!!!!!
KHR PROMOTES KIDS AND HAVING FUN
Big Country Motor Sports, Balon Equipment, In Memory of B/G POWER
http://www.youtube.com/watch?v=O_NUflbb0Kw

[Stroker_Ace]

Please login to the Chronicle site also and make comments on the story:

http://www.chron.com/disp/story.mpl/ap/business/6264847.html
_________________
thanks to:
Answer Racing - Team Fury - Big Country Motorsports - RK Chains - Engine Ice

we're all exposed to democratic influences at educational institutions, but most of us mature

[tsnobaddays]

Done hope it makes a differ.
_________________
"Lets ride"

[treeman]

I guess kidds can't ride the school buss now because of the lead in the buesses.
_________________
Slightly Bent Racing # 47 Dennis Culberson
GCQRA 2008 3rd Place Dad's Class
Honda 400ex with some stuff

You shouldn’t be concentrating on how fast your bike is.
You should be concentrating on how well you can ride it.

[outlaw]

http://abclocal.go.com/ktrk/channel?section=news/consumer&id=5755217




AMY

[swamps-wife]

This is the response I received from Kay Bailey Hutchison...

[air_time]

done!
_________________
'06 SUZUKI LT-R 450

[angelabryant921]

I received this email today... FYI

Help needed to change law to exclude youth-model motorcycles and ATVs Change the Law to Exclude Youth-Model Motorcycles and ATVs! Take Action!

Write your Representatives Today!

The Consumer Product Safety Commission (CPSC) has voted to stay enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA) that currently bans the sale of youth-model motorcycles and all-terrain vehicles (ATVs). The stay, which extends through May 1, 2011, follows a unanimous vote by Acting Chairman Nancy Nord and Commissioner Thomas Moore.

While we applaud the CPSC commissioners' vote to stay enforcement of the law, this does not solve the real issue, which is the law itself. Despite the stay, 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. Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen.

Motorcyclists and ATV riders need to let Congress know that we are concerned about the law, and that we want youth-model OHVs excluded from the law. We need your help to let our lawmakers know how we feel. Riders should contact their Representatives and ask them to support H.R. 1587, introduced by Rep. Denny Rehberg, to exempt youth-sized motorcycles and ATVs from the CPSIA.

You can find contact information for your elected officials on AmericanMotorcyclist.com, click on "Rights," then "Issues & Legislation," and enter your zip code in the "Find your Officials" box. Additionally, a prewritten e-mail is available for you to send to your Representative immediately by following the "Take Action" option and entering your information.

For more ways you can help to exclude youth-model motorcycles and ATVs from the CPSIA or for more information about the issue, click here.

Please write or call your Representative today and ask them to support H.R. 1587 to exclude youth-model motorcycles and ATVs from the CPSIA lead content requirements.
_________________
TEAM FURY - #129