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Jarhead
April 27th, 2010, 06:24 AM
Congress to hold hearing on Consumer Product Safety Enhancement Act of 2010
Contact your Representative today!

On April 29, the U.S. House of Representatives Committee on Energy and Commerce will hold a hearing under the Subcommittee on Commerce, Trade and Consumer Protection to discuss the Consumer Product Safety Enhancement Act of 2010 (CPSEA).

The American Motorcyclist Association (AMA) supports Congress' effort to address the lead ban issue for youth motorcycles and all-terrain vehicles (ATVs), but is still concerned with the language of this particular bill.

The CPSEA seeks to modify the Consumer Product Safety Improvement Act of 2008 (CPSIA) that effectively banned the production and sale of youth-model motorcycles and ATVs due to lead content. After numerous calls from AMA members and the industry, the CPSEA has been drafted to provide the Consumer Product Safety Commission (CPSC) with the much-needed flexibility to issue exclusions to the lead content standards in the CPSIA.

The CPSEA also elaborates on what is meant by "normal and foreseeable use" by pointing out that the product, material or component of concern is "not likely to be placed in the mouth or ingested." This language was included to point specifically to issues brought up by the motorized recreation community regarding the absence of any likelihood that children will put parts of their motorcycles or ATVs in their mouths.

Unfortunately, the bill leaves certain key concepts undefined and, therefore, would not be objective in its application.

Two crucial examples are the phrases "not practicable" and "no measurable adverse effect." The first appears in reference to a petitioner for exclusion having to prove that removing lead from production is either not practicable or not technologically feasible. The second phrase would allow for an exemption if there were no adverse effect on public health.

Without definitions of those concepts, the bill is left open to interpretation and, potentially, litigation. In the case of the second phrase, a lawsuit has already occurred over the inclusion of phthalates in children's products.

Because the CPSEA is meant to cast a broad net over children's products covered by the original CPSIA, sweeping language and undefined phrases do not remedy the specific needs of the youth-model motorcycle and ATV community.

Here's what the AMA needs you to do: Contact your elected Representative and let them know that you encourage his or her efforts to establish an exclusion for youth motorized vehicles, but are concerned that this bill is not yet the solution. Ask them to consider H.R. 1587 which will exempt youth-model motorcycles and ATVs from the lead content limits in the CPSIA.

Contacting your member of Congress:

Compose Message

Subject:
Concerns with CPSEA

As a constituent and concerned responsible motorized recreationist, I have specific concerns over some of the language in the Consumer Product Safety Enhancement Act of 2010 (CPSEA). The intent of the CPSEA is to provide more flexibility to the Consumer Product Safety Commission (CPSC) in order to grant exemptions for products such as youth-model motorized vehicles. Unfortunately, there are many key concepts in the bill that remain undefined.

I understand the Subcommittee on Commerce, Trade and Consumer Protection of the U.S. House Committee on Energy and Commerce will hold a hearing for the CPSEA on April 29. I would like for you to know that this bill is to provide a remedy to the unintended consequences from the passage of the Consumer Product Safety Improvement Act of 2008 (CPSIA). As you know, the CPSIA devastated the motorized recreation industry for youth-model motorcycles and all-terrain vehicles (ATVs). The legislation also undid much of the collaborative work undertaken by the riding community and the CPSC to establish proper size and weight recommendations so that children are not operating vehicles beyond their capabilities.

Without proper parameters placed around many provisions of the legislation, the CPSEA will not be interpreted objectively in its application, and it will not be able to withstand a challenge in court.

Congress must continue to work to develop an exclusion for youth-model motorcycles and ATVs from the lead content limit provisions of the CPSIA by revisiting the scope of products covered by the CPSEA, and by providing for definitions to central portions of the bill.

I also ask that Congress move forward in its consideration of H.R. 1587 in order to provide a clear exclusion for youth-model motorized vehicles without the threat of prosecution or subjective application. H.R. 1587 is endorsed by key national organizations that represent responsible motorized recreation enthusiasts.

If you have not already done so, please become a cosponsor of H.R. 1587 and support exclusion for youth-model motorcycles, ATVs and other motorized vehicles from the lead content limit provisions of the CPSIA.

Thank you for your time and consideration of this important matter.

Sincerely,

Name
Address
City, State Zip

More information on the CPSIA, H.R. 1587, the CPSEA and what the AMA has been doing to fight the ban on youth motorcycles and ATVs can be found at http://www.amadirectlink.com/news/story.asp?id=629&s=....