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 distributers
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 distributers’
petitions for emergency relief and temporary
exclusion from the lead limits of the
CPSIA.
Sincerely,
Edward Moreland
Vice President, Government Relations
