February 7, 2011-Third-party testing of youth ATVs delayed

The Consumer Product Safety Commission (CPSC) has held off on requiring third-party testing and certification of youth-sized ATVs for lead content until Nov. 27, the All-Terrain Vehicle Association (ATVA) reports.
The testing and certification is required under the Consumer Product Safety Improvement Act (CPSIA) of 2008, which is commonly called the “lead law.”
The CPSC is responsible for implementing the law, including accrediting laboratories to do the testing.
The CPSC earlier approved a stay of enforcement of the testing and certification requirement for kid-sized ATVs, which are designed for children age 12 and under, until Jan. 25. On Jan. 25, the commission extended the stay further, noting there are no accredited third-party testing facilities yet. The CPSC did say, however, that CPSC staff would conduct some testing.
“In announcing its decision, the CPSC said that it received more than 400 comments asking for a stay of enforcement until Nov. 27,” said Ed Moreland, senior vice president for government relations of the American Motorcyclist Association (AMA), which is the sister organization of the ATVA.
“The CPSC pointed out that AMA and ATVA members were among those who asked for the stay,” Moreland said. “The overwhelming majority of those who commented used AMA-provided tools to do so, and I want to thank everyone who answered our call to contact the CPSC.”
Aimed at children’s toys, the CPSIA also ensnared youth dirt bikes and ATVs because trace levels of lead can be found in parts such as batteries and brake calipers. Other children’s products are also affected, such as books, clothes and microscopes.
Ruling allows interests to intervene in land cases
A decision handed down by an appeals court overturned a rule prohibiting non-federal interests from intervening in environmental cases in the western United States.
The ruling, given by an 11-member panel, allows parties, such as rider groups and businesses, to argue in environmental cases brought against the government under the National Environmental Policy Act (NEPA). The Motorcycle Industry Council (MIC) and the Specialty Vehicle Institute of America (SVIA) led the briefing and argument in the case, according to a press release from the MIC.
The appeal stemmed from a case the Wilderness Society brought against the U.S. Forest Service. The Wilderness Society argued that the Forest Service with its travel management plan would allow for too much access to motorized vehicles in the Sawtooth National Forest in Idaho, according to The New York Times. Magic Valley Trail Machine Association, an Idaho rider group, wanted to intervene in the case, arguing that access to the national forest was already too restricted. However, Judge Edward Lodge of the U.S. Ninth Circuit Court of Appeals in the District of Idaho ruled that the group couldn’t get involved under the “federal defendant” rule.
The rider group then approached the MIC and SVIA, and the MIC and SVIA boards directed their staffs to join the appeal, according to the press release.
“In this case, we were confident our expertise and long history with the OHV community would give riders the best chance for success. We brought more to the table, the ‘horsepower’ if you will, than anyone else could have,” Paul Vitrano, MIC and SVIA executive vice president and general counsel, said in the release.
The U.S. Ninth Circuit Court of Appeals’ decision only affects that district, which includes Alaska, California, Washington, Oregon, Idaho, Nevada, Arizona, Guam and the Northern Mariana Islands. How it affects the rest of the country will vary by district, according to The New York Times.
Grizzly 450 donation increases awareness of special day
Yamaha Outdoors has announced the winner of its third annual Yamaha-National Hunting and Fishing (NHF) Day ATV sweepstakes. Determined by random drawing, Yamaha congratulates Natalie Uribe-De Freitas from Santa Clara, Calif., who has won a new 2011 Yamaha Grizzly 450 ATV with Electric Power Steering (EPS) valued at $7,499.
NHF Day was formalized by Congress as a public reminder that hunters, anglers and shooters are America’s premier conservation supporters who generate $100,000 every 30 minutes for fish, wildlife and habitat programs. Scheduled annually on the fourth Saturday of September, the 2010 celebration of hunting, fishing and conservation took place on Sept. 25 – with 120 registered events held in more than 40 states.
The events provided an opportunity to share the NHF Day message, introduce new participants to outdoor recreational activities, and demonstrate the positive impact these activities have on conservation efforts.
“Yamaha is proud to continue its support of outdoor recreation and to help spread the National Hunting and Fishing Day message,” said Steve Nessl, marketing manager for Yamaha’s ATV/SxS group. PSB