CPSC poised to delay enforcement of law

American Motorcyclist Association

PICKERINGTON, Ohio --The Consumer Product Safety Commission (CPSC) has voted to deny a petition to exclude youth-model motorcycles and ATVs from a law that bans their sale because of possible lead concerns--but has cleared the way for a second vote by month's end to delay enforcement of the law, the American Motorcyclist Association (AMA) reports.

Because both members of the commission have said they favor a stay of enforcement, the move almost certainly will stay the execution of parts of the Consumer Product Safety Improvement Act (CPSIA) within the agency. On Friday, commission filings in preparation for the vote indicated a stay could be as long as two years, possibly expiring May 1, 2011. A planned second vote on that timeframe was expected by the end of April.

In addition, it's not clear whether state attorneys general, who are also charged with enforcing the law, will also stand down.

"Clearly this latest move shows that the CPSC realizes that youth-model motorcycles and ATVs have no business getting caught up in a law aimed at children's toys," said Ed Moreland, the AMA's vice president for government relations. "We're heartened that both commissioners favor a stay of enforcement, and it appears that this could clear the way for dealers to sell youth-model motorcycles and ATVs--an important consideration for riders and motorsports businesses alike as the riding and racing season ramps up.

"However, this vote doesn't solve the larger, long-term issue, which is whether or not youth-model motorcycles and ATVs will be exempted from the CPSIA," Moreland noted. "We believe they should be excluded, and we will continue to work with our partners in the industry and our friends in Congress to make that happen."

Acting CPSC Chairwoman Nancy Nord went on record on April 3 favoring a stay of enforcement. On April 16, Commissioner Thomas Moore agreed.

"It is clear from the post-enactment statements of some Members of Congress who were Conferees on the CPSIA that they believe the Commission has the authority to make sensible allowances for these vehicles as long as child safety is not compromised," Moore said in his statement. "Given the extremely restrictive language of the law, the only avenue I can see is for the Commission to establish an enforcement plan that follows, to the greatest extent possible, the Act's intention for future production, while providing relief to the industry and the riding community for vehicles already manufactured and those manufactured during the stay."

The full text of Moore's statement is below.

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Lead law likely to still apply to dirt bikes, ATVs

By JENNIFER C. KERR
Associated Press

WASHINGTON (AP) — Motorcycle shops apparently won't get a pass on a new anti-lead law that has kept dirt bikes and ATVs for children off showroom floors.

Staff members at the Consumer Product Safety Commission have decided against recommending an exemption for all-terrain vehicles and dirt bikes. They can have higher-than-allowed levels of lead in the brake and clutch levers, the valve stems on tires, the battery and the steel molding that holds the engine together.

The new law, called the Consumer Product Safety Improvement Act, was intended to keep lead away from young children by banning the metal, except in small amounts, from products for kids 12 years and under. Lead can cause irreversible learning disabilities and behavioral problems.

The motorcycle industry says some bike parts do contain small quantities of lead but that the risk of children ingesting the lead is minimal.

The recommendation was announced Wednesday. The commission usually adopts staff recommendations.

Industry groups, parents and others who support exemptions to the law spoke at a Capitol Hill news conference ahead of the decision. One of them, a young dirt-bike rider from Carlisle, Pa., drew applause for his appeal.

"Please let me have my dirt bike," said 6-year-old Chase Yentzer. "I promise I won't eat my dirt bike."

Chase's dad, Rodney, said he can't buy parts anymore for his son's bike. If it breaks down, Chase won't be able to ride or race, his father said.

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SAD NEWS FOR GLEN HELEN FAMILY
FELDKAMP FAMILY DEVASTATED BY MONTANA AIR CRASH

Motocross Action Magazine

MXA has confirmed that the family of Glen Helen Raceway owner Bud Feldkamp was on the Pilatus PC-12 that crashed in Montana over the weekend. Two of Bud's daughters, Vanessa and Amy, and four grandkids were on the plane. As many as nine members of the Feldkamp family were lost in the accident. Bud Feldkamp was not on board the plane. Family members said the victims were Erin and Amy Jacobson of St. Helena, Calif., and their children, 4-year-old Taylor; 3-year-old Ava, and 1-year-old Jude; Michael and Vanessa Pullen of Lodi, Calif., and their children, 9-year-old Sydney and 7-year-old Christopher; Brent and Kristen Ching of Durham, Calif., and their children, 5-year-old Heyley and 4-year-old Caleb; and the pilot, Buddy Summerfield.

Amy Jacobson and Vanessa Pullen were Bud Feldkamp's daughters. Vanessa Pullen was a pediatrician, Michael Pullen was a dentist, Erin Jacobson was an opthalmologist and Amy Jacobson was a dental hygienist. Brent Ching was an orthopedic surgeon.

The Associated Press reported today that seven adults and seven children were aboard. There was speculation that the children may have been on a skiing trip.

The flight originated in Redlands, California, and made stops in Vacaville and Oroville in Northern California, according to FlightAware.com, a Web-based aviation tracking system. The plane came down about 500 feet short of the runway in Butte, Montana, nose-diving in Holy Cross Cemetery shortly after 3 p.m. local time.

The original flight plan called for the plane to land in Bozeman, Montana, but the pilot made a last-minute diversion to Butte for unknown reasons, FAA spokesman Les Dorr said. The plane was a Pilatus PC-12, a single-engine, turbo-prop aircraft that is usually configured to carry nine people, Dorr said. But it can carry 12 passengers. Although it might seem that the plane was over-loaded with 14 people, seven of the passengers were kids, five of them under the age of five. Their small size and weight would not contribute enough to put a plane as powerful as a PC-12 in danger (plus the plane had no issues on take-off where weighst and balances play the biggest role). Given that the plane made a diversion to Butte, it is possible that they had an in-flight mechanical issue that required them to seek the nearest airport big enough to handle the Pilatus.

MXA has some experience with the Pilatus PC-12 because Bud gave Jody the plane to fly to the Colorado National two years ago (as a perk for designing the Glen Helen National track). According to Jody, a pilot with over 1000 hours in variety of aerobatic-type airplanes, Feldkamp's PC-12 was well maintained and equipped with radar, weather scope and a complete glass cockpit. On the Colorado trip, the plane was configured for eight passengers and Bud's personal pilot, Bud Summerfield (known to everyone as "Air Bud" ), guided Jody through the intricacies of flying the $3,450,000 Swiss-built turboprop. As fellow pilots, MXA (which has several license pilots on staff) is heartbroken by the loss to the Feldkamps.

Godspeed.


(Dr. Bud Fedlkamp (front) with Karl Scanlon and Tom White during happier times.)

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