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 associations 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 Association 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. More, from a press release issued by MIC: Motorcycle Industry Council and Specialty Vehicle Institute of America disappointed that CPSC Chairman Nancy Nord intendS to vote against industry petitions IRVINE, Calif., April 3, 2009 — The Motorcycle Industry Council (MIC), the Specialty Vehicle Institute of America (SVIA) and its members are disappointed that Consumer Product Safety Commission (CPSC) Chairman Nancy Nord announced today that she intended to vote against the petition that our industry submitted for an exclusion for all-terrain vehicles (ATVs) and motorcycles from the lead content limits found in the Consumer Product Safety Improvement Act (CPSIA). We believe that the petition submitted to the agency was based on sound science and showed that there is no measurable risk to children resulting from lead exposure from these products. Regarding a proposed stay of enforcement, “we need to review the actual text of such a stay before we can comment. In addition, it is important to note that CPSC Commissioner Thomas Moore has not yet commented on the petition, nor do we know the position of the state attorneys general on this matter,” said Paul Vitrano, general counsel for the MIC and SVIA. We agree with Chairman Nord that “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.” We are also in agreement with Chairman’s Nord’s comment that “the lead content mandates of the CPSIA to the products…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.” CPSC, consumer advocates and industry have worked for years to get kids onto youth model ATVs – many of which are now not available because of the unintended consequences of this legislation. It is now obvious that the only solution to this problem is that Congress needs to fix the CPSIA and put the safety of our children first. Congress needs to end the ban as soon as possible so parents once again have access to appropriate-sized youth model ATVs and motorcycles for their children. Yesterday the CPSC staff strongly suggested that they would have recommended relief under a risk-based standard. “The staff agrees that exposure to lead from motorized recreational vehicles would likely be relatively low…,” stated the staff recommendation. At the same time, CPSC staff acknowledged: “A bigger safety concern than lead exposure is that the elimination of youth ATV sales will most likely increase the number of adult ATVs purchased to be used by younger children; therefore increasing the risk of injury and death.” “As a result of Chairman Nord’s announcement, we must intensify all efforts to get Congressional support for a regulatory or legislative fix,” said Tim Buche, president of MIC. “One way is to strongly advocate two new bills that have been introduced, S. 608 and H.R. 1587.” Introduced by U.S. Sen. Jon Tester, D-Mont., on March 17, S.608 would amend the CPSIA to exclude secondary sales, repair services and certain vehicles, including youth ATVs and motorcycles, from the ban on lead in children’s products. U.S. Reps. Denny Rehberg, R-Mont., Michael Burgess, R-Texas, Earl Pomeroy, D-N.D., and Mike Simpson, R-Idaho, introduced H.R. 1587 on March 18 in the U.S. House of Representatives to amend the lead prohibition provisions of the CPSIA to provide an exemption for certain off-highway vehicles, along with other purposes. The MIC is urging its members, dealers, and enthusiasts to act and show their support for S. 608 and H.R. 1587 by contacting their members of Congress and appropriate committee members via www.StopTheBanNow.com. MIC statements, news releases, video testimonials, news articles, and additional information regarding the CPSIA are also available at www.StopTheBanNow.com. Immediate updates are available via Twitter by following paulvitrano. The Motorcycle Industry Council exists to preserve, protect and promote motorcycling through government relations, communications and media relations, statistics and research, aftermarket programs, development of data communications standards, and activities surrounding technical and regulatory issues. It is a not-for-profit, national trade association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV/ROV parts and accessories, and members of allied trades such as publishing companies, advertising agencies, insurance firms and consultants. The MIC is headquartered in Irvine, Calif., with a government relations office adjacent to Washington, D.C. The organization has been in operation since 1914. Since 1983, the Specialty Vehicle Institute of America® has promoted the safe and responsible use of All-Terrain Vehicles through rider training programs, public awareness campaigns, and state legislation. The SVIA also serves as a resource for ATV research, statistics, and vehicle standards. The SVIA, based in Irvine, Calif., is a not-for-profit trade association sponsored by Arctic Cat, BRP, Honda, Kawasaki, KTM, KYMCO, Polaris, Suzuki, Tomberlin, Tomoto and Yamaha. For membership information, call (949) 727-3727. For safety information or to enroll in the ATV RiderCourseSM nearest you, visit www.atvsafety.org and click on “Online Enrollment” or call (800) 887-2887.