At last, the CPSC is exercising its own judgment in the CPSIA rulemaking process! Ten days ago, CPSC Commissioners Nancy Nord and Thomas Moore directed CPSC staff to draft a Federal Register notice containing a limited stay of enforcement of the CPSIA the lead content ban as applied to youth motorized recreational vehicles.
In written statements Commissioners Nord and Moore explain that a stay of enforcement is necessary to accomplish the goal of the CPSIA, which was “to protect children from unnecessary contact with leaded components in these vehicles”, while also balancing “the need to protect these children from the potential for physical injury related to riding inappropriate adult-sized vehicles, or riding vehicles either in need of repair or less structurally sound that the ones currently on the market.”
Commissioner Moore directed staff to include the following elements in the stay of enforcement:
(1) relieve makers, sellers and distributors of youth motorized vehicles currently on the market and those which enter the market during the stay;
(2) allow those vehicles to be repaired, sold, traded and otherwise used as they are now;
(3) allow the sale, distribution and installation of replacement parts that are comparable in lead levels to the old part being replaced until a safety alternative is available; and
(4) adopt a timeline of reasonable expectations for industry compliance.