Letter to Nancy A. Nord, Acting Chairman of the U.S. Consumer Product Safety Commission

Letter

Herseth Sandlin, Rehberg Press Products Safety Commission for Youth ATV & Motorcycles Exemption

U.S. Representatives Denny Rehberg (R-MT), and Stephanie Herseth Sandlin (D-SD), are leading a bi-partisan group of Members asking the Consumer Products Safety Commission (CPSC) to exempt off-highway vehicles from a restrictive toy safety regulation..

"The recreation industry in the West has been hurt by the bureaucratic mishandling of legislation designed to prevent lead from being used in children's toys," said Rehberg, a member of the House Appropriations Committee and the House Western Caucus. "It's obvious the new toy safety regulations were not intended to prevent families from spending time together in Montana's treasured outdoors. It's time to fix this error."

"It was clearly not Congressional intent to ban the sale of youth motorcycles and all-terrain vehicles," Rep. Herseth Sandlin (D-SD) said. "Providing a common-sense exemption for these products will ultimately protect the safety of young riders by ensuring access to appropriately sized machines."

The CPSC policy, and the lack of guidance to the industry, has resulted in the removal of millions of dollars in inventory from storefronts. Lead restrictions in new toy-safety regulations approved last year inadvertently prohibited the usage of All-Terrain Vehicles (ATV), off-highway motorcycles and snowmobiles designed for children under the age of twelve.

Rehberg and Herseth Sandlin jointly sent a letter to Nancy Nord, Acting Chair of the CPSC, and Thomas Moore, CPSC Commissioner, asking the Commission to re-evaluate their interpretation and provide exemptions. According to the CPSC, engines, brakes, wheels, suspension and other parts that are not easily accessible, have fallen under the new regulations.

Rehberg has also sponsored legislation (HR 1587) to exempt the recreational vehicles from the overreaching anti-lead requirements. Yesterday, he told members of the American Motorcycle Association that he was exploring the possibility of inserting language in an Appropriations Bill preventing the enforcement of the overreaching regulation.

LETTER:

Ms. Nancy A. Nord
Acting Chairman
Consumer Product Safety Commission
|4330 East West Highway
Bethesda, Maryland 20184

Mr. Thomas Hill Moore
Commissioner
Consumer Product Safety Commission
4330 East West Highway
Bethseda, Maryland 20814

Dear Chairwoman Nord and Commissioner Moore:

When Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August of 2008, it acted swiftly as a result of public alarm over the lack of production standards in children's products. Specifically, the intent of this landmark legislation was to strengthen children's product safety regulations.

Though Congress acted with due diligence, in the ensuing months the lack of regulations - and applicable exceptions - by the Consumer Product Safety Commission (CPSC) has created uncertainty in the minds of consumers as well as manufacturers. This uncertainty has only been intensified with the recession our country is facing

It is also deeply troubling that in the absence of regulations there has been very little guidance. In particular, distributors of off-road vehicles that are manufactured and marketed exclusively for kids under the age of twelve, including all-terrain vehicles, off-highway motorcycles and snowmobiles, have suffered from the CPSC's interpretation of the lead content provision.

Under the current interpretation, engines, brakes, wheels and suspension parts would not receive exemption from lead testing and must conform to the strict provisions included in the legislation. It would be very difficult for children to physically handle these parts, many of which aren't easily accessible to even the most experienced mechanics. With only six months warning, storeowners have been forced to remove inventory from showrooms, costing them hundreds of millions of dollars in unsellable merchandise.

Off-road recreation plays an important role in rural economies and provides a great way for families to spend time together in the outdoors. It offers visitors from across America the chance to appreciate our nation's breathtaking natural beauty. Unfortunately, the current application of the CPSIA could negatively affect the public's ability to enjoy our shared natural resources, and we urge you to correct your interpretation by offering exemptions for the aforementioned products as provided for in the CPSIA.

The CPSC plays a crucial role in the inspection and testing process for consumer goods. However, the current inaction of the CPSC is unfairly targeting an industry that is important to our constituents and the economy. We urge your immediate attention to this issue.

With regards,

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