Thank you very much for your letter expressing concern about the implementation of the Consumer Product Safety Improvement Act of 2008 (Public Law 110-314). I understand the challenges facing off-highway vehicle (OHV) manufacturers that must comply with the law’s requirements and welcome the opportunity to respond to your concerns. As you know, legislation enacted last year included requirements intended to limit the exposure of children to lead and phthalates in children’s products. Specifically, children’s products containing more than 600 parts per million of lead were banned from production and sale. An unexpected consequence of this legislation is that youth motorcycles and OHV’s are affected by these limits due to the high lead content of some metal components. I understand your concern that there is little potential for harm to children due to lead exposure in these vehicles. However, the CPSC currently believes that it does not have the legal authority to provide an exemption to the law at this time. That said, the Senate Committee on Commerce, Science and Transportation argues that the CPSC may provide a stay of enforcement in this situation and is hopeful that such action may be taken under new leadership at the Commission. Additionally, Senator Jon Tester (D-MT) has introduced legislation known as the “Common Sense in Consumer Product Safety Act” (S. 608), which would exempt vehicles intended for children between the ages of 7 and 12 from the law’s lead limits. In the meantime, the CPSC will continue to review this issue and provide appropriate guidance to manufacturers and retailers. Please know that I will keep your thoughts in mind should the Senate take further action regarding this matter. You may wish to visit the CPSC website at www.cpsc.gov/about/cpsia/cpsia.html for more information. Again, thank you for writing. If you have any further questions or comments, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841. Best regards. Sincerely yours, Dianne Feinstein United States Senator