OHV Groups Say Closure of Johnson Valley is Bad Idea

After reading an excellent Feb. 24 article on Offroadweb.com about the proposed Marine Corps takeover of the popular Johnson Valley OHV area, The General was struck by the rather arrogant tone of Marine Corps spokespersons who basically stated that the OHV community had to make their case to the Marine Corps regarding the recreational and economic importance/value of Johnson Valley.

As stated in the Oct. 2008 OHV Coalition letter against the proposed expansion of the Marine Corps base into Johnson Valley, the coalition wants the Marine Corps to justify the need for expansion. In the many public meetings and associated documents, the Marine Corps has used circular logic and vagaries in an attempt to justify the expansion.

In this day of economic crisis, The General agrees with the BRC Jan. 26, 2009 letter that basically opposes the expansion. However, if the planning process goes forward, the Marines must have alternatives that include using nearby military lands for joint/integrated operations and training instead of taking the Johnson Valley OHV Area for segregated exercises.

Also, both Congress and the Department of Interior have yet to approve the land withdrawal. During this economic crisis, the public should ask Congress if this Donald Rumsfeld-era land withdrawal makes sense.

In the DOD section of the 2010 President’s Budget, there does not appear to be a great
deal of support for massive base expansion, but rather improving the military facilities that already exist.
http://www.whitehouse.gov/omb/assets/fy2010_new_era/Department_of_Defense.pdf


Feb. 11, 2009 – SEMA Fights Back on Johnson Valley Closure
http://www.trucktrend.com/features/news/2009/163_news090211_sema_johnson_valley_ohv_area/index.html


Feb. 24, 2009 - Off-roadweb.com Article
http://www.off-roadweb.com/features/0904or_dispute_over_johnson_valley/index.html


Oct. 2008 OHV Coalition Letter
http://www.delalbright.com/Access/Johnson%20Valley%20OHV%20Group%20letter%20Oct%2020080001.pdf


Dec. 2008 BRC Letter to BLM on the Withdrawal
http://www.delalbright.com/Access/Johnson%20Valley%20BRC%20Withdrawal%20Dec%2015%20Letter0001.pdf


Jan. 2009 BRC Letter to the Marine Corps DEIS
http://www.delalbright.com/Access/Johnson%20Valley%20BRC%20DEIS%20Comment%20Letter%20Jan%2029%2020090001.pdf


The General’s concern about the withdrawal of Johnson Valley should not be taken as a lack of support for our military. Rather, it should be looked upon as a member of the public holding a government agency accountable. With billions of dollars being tossed around like lettuce on a dinner salad, private citizens and user groups will have to watch government spending and keep an eye open for things like a $10,000 hammer, a $20,000 toilet seat, or an unwarranted land withdrawal.

# # #

Headwaters Forest - Good Idea or Raw Deal

When visiting with a reporter from the North Coast Journal the other day regarding a retrospective article on establishment of the Headwaters Forest Reserve (circa 1999) near Eureka, California, I remembered BRC’s strong advocacy for non-motorized recreational opportunity in that project.

BRC participated in the NEPA process and also filed a protest/appeal
http://www.sharetrails.org/releases/media/?print=1&story=237

BRC Protest
http://www.sharetrails.org/releases/media/?story=236

As a native of the Eureka area in Northern California, the battle for recreational access on behalf of the equestrian and mountain-bike community was more than a professional duty -- it was a personal obligation.

In the following article from today, BRC’s Beaches and Trails Certified Volunteer, Dennis Mayo talks about how the non-motorized recreation community got a raw deal.

North Coast Journal Article
http://www.northcoastjournal.com/issues/2009/02/26/headwaters-forest-at-10/

Quote from Dennis Mayo in article

"We got screwed," said Dennis Mayo of McKinleyville. "We were told, oh, come on, join in and play in the fun. We were told that we were going to get horseback riding, we were going to get all this stuff to help with ecotourism. I don't think a trail for somebody to walk on and one damn bicycle riding trail is recreation. It certainly doesn't meet the needs of the horseback riding community. We got zero."

Were there false promises made to the recreation community during the creation of the Headwaters Forest Reserve? I believe so. Did BRC work hard on behalf of the non-motorized community? Yes it did.

I guess the lesson to be learned from the “Headwaters” experience is that the recreation community must be wary of similar promises made in new Wilderness proposals and other land classification projects. The public does not have to be “kicked out” when lands are “preserved.” Buyer beware is an appropriate motto to remember.

Were there any positive developments during the Headwaters battle? You bet! Dennis Mayo who was a strong advocate for equestrian access had his eyes opened and is now a certified volunteer for the BlueRibbon Coalition. He now advocates for responsible multiple-use access for ALL users.

Since the Headwaters decision, the BLM has worked hard to preserve OHV recreation at the Samoa Dunes and for touring OHV use on the Humboldt Bay’s South Spit.

Samoa Dunes Recreation Area
http://www.blm.gov/ca/st/en/fo/arcata/samoa.html

“If land-use history is forgotten… it will repeat itself. The recreation community must never forget.”
--The General--

# # #

New GAO OHV Survey - Garbage In/Garbage Out

Have you ever been asked a question that was designed to cast a
poor light on your character regardless of how you answered the question?

If the answer is yes, then you now understand the concern expressed by the BlueRibbon Coalition in a news release from yesterday.

As the release states, there is a new national OHV “survey” from the Government
Accountability Office that has been sent to one federal official
on each Forest or BLM Field Office. The General is familiar with the tone
and direction of the survey and shares BRC’s concerns about the survey’s
“Have you quit kicking your dog?” type questions. Any survey built upon
that foundation will be invalid and useless, unless, the survey was designed
to give political ammo to the anti-OHV crowd.

If this survey has actually gone out, The General urges the selected government agent
on each Forest or BLM Field Office to communicate with the GS5/7/9s that are in the field. They often have the best working knowledge of how OHV recreation is being managed on that unit.

Even though the survey does not ask for examples of successfully managed OHV programs, The General would urge the land manager to include that information somehow into the survey or better yet – Send the survey back and ask the GAO for a more balanced project.

There is an old saying…”Garbage in – Garbage out.” In the case of the GAO OHV survey, I think we all need to be ready to help Congress take out the trash?

BRC News Release on GAO Survey
http://www.sharetrails.org/releases/media/?story=634

OHV Group Letter
http://www.sharetrails.org/uploads/Letter_To_GAO.pdf

News Article on the Survey
http://www.earthtimes.org/articles/show/pending-gao-study-on-off-highway-vehicles-fatally-flawed,706450.shtml


Thanks for your service!

# # #

CPSC Hollow Promise?

The General talked with CPSC spokesperson Sonia Hayes-Pleasant today regarding recent reports in some media stories that the CPSC was going to address the ban on youth OHVs in a “few” weeks.

As more local motorcycle shop owners cry foul and motocross/trail-bike moms voice their strong objections to the “ban,” the General agrees with his good friends at the AMA, BRC, ARRA, MIC, SVIA, ORBA -- Keep the pressure on the CPSC by sending letters, making phone calls, AND take a dealer to the local office of your own Member of Congress!!! Be sure and let The General know what your representative said.

See “Kid Chewing on Dirt Bikes?” Article from Today
http://www.wqad.com/news/wqad-cpsia-motorcycles-lead-law-22309,0,6451441.story

BRC Alert

http://www.sharetrails.org/releases/media/?story=633

________________________________________________________
See AMA National Action Alert from Today

Add Your Voice to the Fight Against the Ban on Youth Motorcycles and ATVs!

The American Motorcyclist Association (AMA) continues to ask all riders to protest the recent ban on certain youth motorcycles and ATVs by contacting their Members of Congress

On Feb. 10, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) effectively outlawed the sale of off-highway vehicles (OHVs) intended for youth riders 12-years-old and under. Since that time efforts by the AMA, its sister organization the All-Terrain Vehicle Association (ATVA), the Motorcycle Industry Council, the Specialty Vehicle Industry Association, the Blue Ribbon Coalition, the Off-Road Business Association and others have spurred an outpouring of letters and phone calls to the CPSC and federal legislators.

AMA and ATVA members, racers, riders and fans across the country have responded strongly to the collective calls for action so far, but our work is not over. The current ban on the sale of youth motorcycles and ATVs still threatens the very future of off-highway recreation in America.

Members of Congress and the Chairmen of the CPSC must continue to hear from everyone in the motorcycling community if we are to reverse this ban. You can quickly read more about the issue and gain some useful tools by clicking here.

To send a message to your Senators and Representatives, please click here.
-- End of Alert --

________________________________________________________________
Being familiar with government “bureaucrat speak” – the promise to address our issue in a few weeks could be nothing more than a hollow statement meant to “get the heat” off the agency while it is in the rulemaking process (this often takes up to two years). The General
hopes the agency is sincere about finding a solution.

In addition, The General is awaiting a call from the CPSC’s Executive Director – Patsy Semple – to explain why the agency cannot cut some red tape and provide immediate relief on this issue.

Stay tuned as the national off-road community's temperature continues to rise on this issue. See previous blogs for more information. Keep up the pressure!!!

Thanks for helping Save the Cs

On January 25, The General asked you to send in letters of support to the Governor asking him to continue funding the California Conservation Corps. You answered that call!

The off-road community’s support did not go unnoticed by the media (see NYT article below). The General commends his readers for supporting a public lands partner that not only helps build and maintain OHV trails on FS and BLM lands, but performs important work on Wilderness (non-motorized) trails as well.

(Trail I am riding on in the picture to the right is maintained by the Cs)

Here was the Save The Cs’ Website
http://www.save-the-ccc.org/


NYT Article:
http://www.nytimes.com/2009/02/08/us/08corps.html?ref=us

“Plans to terminate the program have united an eclectic group of advocates, including those who benefit from the corps’ work, like off-road-vehicle enthusiasts, hikers, firefighters and sport fishermen. They are writing to the governor to urge that the program not be eliminated.”

Cutting the Cs just did not make sense at a time when President Obama was planning to include trail projects in the Stimulus Bill and Region 5 was gearing up its Trees and Trails concept.

Here is the Feb 23 Thank You note I got from CCC advocate Paul Carillo
_____________________________________________________________-
Dear Don,

Last Friday, Governor Schwarzenegger signed an historic budget package to solve California's $42 billion deficit and move California forward from the brink of financial collapse.

I am extremely pleased to report that funding for the CCC is restored by this budget through this fiscal year and next.

In a message to CCC staff and corpsmembers, CCC Director, David Muraki said, "We are thankful that the Governor, in the final analysis, decided to support the CCC during these tough and uncertain times.

Threatened with elimination just 50 days ago and in the midst of the worst budget crisis and worst economic downturn in generations, the CCC stands here today having not just turned around an elimination proposal, but, stronger, more unified, more energized than ever before, and ready to tackle the new challenges before us."

The Save-the-CCC Committee would like to thank Governor Schwarzenegger, Senator Steinberg, Senator Dave Cogdill, Assemblymember Karen Bass and Assemblymember Michael Villines for their recognition for the CCC's value to the state and to the youth it serves by restoring the CCC.

The committee would also like to express it's gratitude to Attorney General Gerry Brown and Former Governors George Deukmejian, Pete Wilson, and Gray Davis for taking a historic step in their joint support of our nation's flagship conservation corps program.

We want to acknowledge the CCC Foundation whose quick action and effective press releases were the catalyst for this amazing grass roots effort. The local corps also played an important role in rejecting any proposal that did not benefit all corps.

We especially want to thank -- everyone who sent a letter, fax, signed a petition, made a phone call or legislative visit on behalf of the CCC -- the many environmental and youth service organizations, who signed on to help -- the green jobs advocates and leaders throughout the country who defended the CCC as a standard bearer of the field and what the field is poised to become -- the grassroots leaders and many unsung champions, who started petition sites, organized rallies, and generated waves of community support. It was each of these individual actions that, together, created the groundswell that turned the tide.

Throughout this period of uncertainty for the CCC has continued to focus on its mission as it has since 1976. We wish the CCC continued success for generations to come.

Sincerely Yours,

Paul Carrillo, Chair
and Committee members:
Martha Diepenbrock, Patrick Couch, Bruce Saito, Mel Kreb, Walt Hughes, Lin McNamara, Betty Harris, Joe Griffin, John Griffiths and special thanks to former CCC Director Bud Sheble.
_________________________________________________________________

The General again thanks you for taking time to help save one of our trail partners from the budget axe.

# # #

Man-Up CPSC

The General has been following this issue since January 26 and has been asking the troops to send letters, make phone calls, and visit the local office of your Member of Congress.

Some people say that “one person cannot make a difference.” I disagree with that statement since I have seen “one person” make a huge difference to effect positive change. However, you can be assured that when hundreds of thousands of businessmen, riders, motocross moms, and proud dads cry foul and make their voices heard in DC (and in the media) that entrenched bureaucrats do listen and can be encouraged to make a better decision or to rethink a current stance.

Up until just a few days ago, it was The General’s impression that the CPSC was going
to stiff-arm the OHV community and make us wait for the 2-3 year rulemaking process
to finish before issuing a variance for youth OHVs. However, based on the quotes below from a recent news article, the CPSC now appears willing to find a solution in a “few weeks” rather than in months or years.

Below are quotes from a CPSC spokesperson in a Feb. 22 news article:
http://www.fwdailynews.com/index.php?option=com_content&view=article&id=1596:-New-federal-lead-law-puts-the-brakes-on-kids%E2%80%99-powersports&catid=174:features&Itemid=151

…“We are in receipt of the (powersports) petition, but we are not able to grant an exemption at this time because of the way the CSPC operates,” Hayes-Pleasant said. “We are working on it, though, and plan to provide some guidance in the very near future. We do realize that (children) are not directly mouthing these parts (on youth powersports vehicles). The last thing we want to do is take ATVs away from young riders.”

The “guidance” will take a few weeks, “not months,” Hayes-Pleasant said. However, she could not say whether that guidance will come in time for the national Motocross competitions next month. In the meantime the CSPC is advising powersports suppliers and sellers to move and store the affected equipment in an area away from children, but not to get rid of it before the commission comes up with the new guidance…

My final thought for today is that a common thread is running through feedback from the CPSC -- they appear to blame Congress for writing a bad law. While there may be some merit to that concept, the CPSC should “man up” and confess THEY did a darn poor job in issuing the appropriate interim exemptions while the rulemaking process is underway so the powersports industry and OHV recreationists are not hurt or put out of business. If the CPSC really wants to

do the right thing, they won't wait for a few weeks --they will grant a stay on Monday Feb. 23.

KEEP SENDING LETTERS AND MAKE THOSE VISITS TO YOUR MEMBER OF CONGRESS – This is no time to let up!!!

Grassroots Push Back Against CPSC OHV Ban Continues to Grow

The nationwide grassroots effort appears to be growing as more
riders, shop owners, and parents (i.e. voters) are sending letters
to the CPSC and Congress demanding action to reverse what is
a functional ban on youth OHVs for use by children under the age
of 12.

I have not seen such pushback from the public on any issue since
the Clinton/Gore Roadless Plan in the late 1990s.

Continue the pressure – keep sending letters and schedule a meeting with your own Member of Congress. Take a local OHV dealer with you and ask your representative for help.

Below is a news article today from WND with quotes or info
from BRC and ARRA.
http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=89516

Here is an article from PA – CPSC hurts business (and kids)
http://www.standard-journal.com/articles/2009/02/21/news/doc499fa03f83d99854121444.txt

Feb. 19 BRC Letter to CPSC

http://www.sharetrails.org/uploads/BRC_Letter_to_CPSC_02.19.09_FINAL.pdf

Motorcycle-USA Video Interview with MIC on Lead Issue

http://www.motorcycle-usa.com:80/669/2590/Motorcycle-Article/Lead-Ban-Video-Explanation.aspx

Keep up the good work!

Status Of OHV After California Budget Battle

As a native of California, I must say the recently resolved budget battle in Sacramento was ugly at best. It is difficult for many Californians (including The General) to watch the tarnish build on our Golden State.

According to my sources in Sacramento, the marathon 45-hour legislative session was the longest in California history. Most of the 41-billion dollar budget concerns have been confronted. However there are 600 million in cuts still to be done by the governor. The new budget borrows about eleven and half billion, cuts about fifteen billion and raises almost thirteen billion in new taxes.

I think our publicly funded healthcare programs, road and transportation projects,
the education system, and other state departments will take some big hits.

As some of you know there was almost one hundred million dollars in the OHV Trust fund. Thanks to the letters sent by many of you, I understand the legislature left ten million in that pot for shovel-ready projects and land purchases

While some riders may want to complain about the money being taken (and rightfully so), I can safely assume that OHMVR Deputy Director, Daphne Greene, and staff worked hard to advocate for monies to be left in the OHV Trust Fund account. And, it is because of that work (and your letters) that ten million dollars was not taken.

Yes, ninety million was taken to offset the deficit. The government does not have to pay it back for two years. Some OHV groups had suggested they take sixty and leave thirty - forty million for acquisitions. That scenario did not play out.

The OHV Trust Fund money is ours only if we spend it. Until then, the statute is very clear that the governor can take it as essentially a no-interest loan for two years.

The law was changed with statutory protections after the Wilson Administration stole OHV money back in the 1990s.

Some of you may ask… “Why did the OHV Trust Fund grow to such a large amount?” The answer is that the OHMVR Division has not been able to site a new riding area for many years. As an OHMVR Commissioner from 1994-2000, I remember traveling up and down the state from Humboldt County to San Diego County looking at potential new OHV park sites. However, once the anti-OHV crowd found out about the new plan… those groups and the NIMBY’s came out in full force to kill the projects.

However, life must go on and after the smoke has cleared I think the OHV community has the opportunity to make a silk purse out of a sow’s ear.

I think the passage of SB 742 has given OHMVR better tools to run an effective program with substantive grants for trails, restoration, and law enforcement. We should be supporting those efforts.

I believe that Daphne is working hard to identify property that will hopefully be purchased in the not too distant future. That is a goal too that deserves our support.

In the meantime it appears funds will be available to run the OHMVR program including grants to the Forest Service, BLM, and local jurisdictions. And, we have ten million dollars left in the OHV Trust Fund for the purchase of new riding
areas.

In 2009, is this something we should be proud of or happy about? Not really, but all things considered (such as major corporations going bankrupt) we should try and make lemonade out of lemons and take pride in the fact that some money is left and the OHMVR program remains.

PS - It looks like the CCC's survived as well.

# # #

Stay on Offense Regarding CPSC Ban of Youth OHVs

The General asks you to keep the pressure up on the CPSC
to grant the petitions of the Motorcycle Industry Council
And Specialty Vehicle Institute of America for emergency
relief. Family OHV recreation, dealers, and youth OHV events are
being negatively impacted.

Even though the official public comment period has ended for
the CPSC’s Rulemaking process that will consider permanent
exclusions for youth OHVs, riders and dealers must keep the pressure on the CPSC to grant the MIC’s request for temporary exclusions.

Also, you must continue to make appointments and/or personal
phone calls to your Member of Congress regardless of party affiliation.
I salute those who made those visits such as Pacific Motorsports – a Honda
and Yamaha dealer – in Eureka, California. They visited the local office of
Congressman Mike Thompson (D-Napa) and requested his assistance.

Such efforts resulted in a February 6, 2009 letter from 6 Members of
the Western Caucus to the CPSC asking them to grant the Industry’s petition
for emergency relief.

This is truly one time when YOU are making a difference. Stay on
offense.

See several news links below – your collective voice is being heard.
Also, you can send a letter via a number of ongoing efforts.

BRC Feb. 19 Alert (also see Feb. 19 BRC letter and Western Caucus letter)
http://www.sharetrails.org/

Senator Tom Self’s Website
http://www.tomself.com/
*Send this guy a big thank you!

ARRA Letter

http://www.arra-access.com/arra/home.html

AMA Letter and Alert
http://www.amadirectlink.com/news/story.asp?id=629

Editorial by John Stewart - 4x4 Wire

http://www.4x4wire.com:80/index.php?option=com_content&view=article&id=483:get-the-lead-out&catid=56:4x4-access-view&Itemid=86

Feb 18 News Article with Video on this issue
http://www.newschannel10.com/Global/story.asp?S=9868087

MSNBC Story
http://www.msnbc.msn.com/id/29236051/

FOX News
http://www.foxnews.com/wires/2009Feb15/0,4670,MotorcyclesLeadBan,00.html

Other groups and websites have ongoing email and/or letter
writing efforts as well.

Thanks for your service!

The General

The General Is In the Field Until Feb. 18

Dear Troop,

I will not be blogging since I am in the field until Feb. 18, 2009. Please hold down the HQ
while I am gone. See you on the 18th.

Thanks for your service!!!

The General

Continue Fight Against CPSC Ban on Youth OHVs

OHV families and dealers got hit hard on Feb. 10 with a "ban" on the sale of youth OHVs. Many riders and shop owners could not believe that their government would want to put them out of business.

However, don't think your letters and visits to congressional district offices did not matter - they did. A number of congressional members issued strong letters of opposition to the CPSC or introduced legislation such as Sen. Jim DeMint's S.374. Be assured the national OHV groups have this high on their radar screen and will continue efforts as well. They continue to need the grassroots support and effort.

We may have lost round one with the Feb. 10 ban, but we have several more rounds to go. Please continue to make those personal visits to congressional district offices. Also SEND letters to Congress using the BlueRibbon Coalition's

BRC Rapid Response Center (just type in ZIP code and cut and paste letter)

http://www.sharetrails.org/rapid_response/

Send letters to the CPSC

http://www.cpsc.gov/cgibin/info.aspx

SAMPLE LETTER BELOW:

As a member of the OHV community, I want to voice my continued support for petitions filed by the Motorcycle Industry Council and Specialty Vehicle Institute of America to seek emergency relief from provisions that went into effect on February 10, 2009.

While I do support efforts by Consumer Product Safety Commission to protect children from lead content in products that truly present a risk to children, I do not believe the Commission intended that metal parts on ATVs and motorcycles be included in that regulation because they do not present a lead risk to children.

As the spring OHV recreation season rapidly approaches, I ask you to support efforts to exclude youth-oriented OHVs – and the businesses that sell and service them – from being unnecessarily impacted by this ban especially during this economic crisis.

Sincerely,

You can also go to Missouri State Representative Tom Self's website and send a letter as well.

http://www.tomself.com/

The General sent letters today using both services and he asks you to do the same. Also, fwd to other OHV users and dealers.

The General Thanks You for for Your Service!!!

So Long Dirt-Bike Kids - Not If We Can Help It!!!

*Photo is of a "Dirt-Bike Kid" who came over to

an OHV sound check station to get tested... cool thing was he did this on his own.

An article “So Long, Dirt-Bike Kids” was published recently http://wheels.blogs.nytimes.com/2009/02/05/dirt-bikes/

I believe it shows the bias of the so-called “mainstream” media to
target activities that it/they deem unworthy. When I was young,
I was one of those dirt-bike kids. Also, so were my two sons.

My nieces and nephews were dirt-bike kids. My wife’s cousin has

dirt-bike and ATV kids. My nephew’s two sons are dirt-bike kids

too. A lot of this nation’s youth are dirt-bike kids.

I draw your attention to a Wall Street Journal editorial that notes how

dirt-bikes were “highlighted” by the NYT while it failed to mention

how the lead ban impacts everything from ball-point pens to comic books.

WSJ Article
http://overlawyered.com/2009/02/cpsia-chronicles-february-6/comment-page-1/

Also, ck out article on impacts to dealers

http://www.wctv.tv/news/headlines/39229887.html

DR Mag on the Issue

http://blogs.dirtrider.com/6424265/editorial/dirt-bikes-for-kids-soon-to-be-illegal/index.html

The General continues to ask the troops to keep sending letters in, make phone calls, and
never give up! Too much is at stake. (see blogs below for sample letter, etc.)

Feb. 6 CPSC News Release Offers No Help for OHV Ban

The CPSC’s News Release today
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09121.html

is of little help to the Powersports community. The General believes that totally inaccessible parts have always been excluded from the lead content limits. However, the problem is, there are many components/parts on ATVs and motorcycles that contain lead and are accessible (e.g. levers; tire valves; suspension parts; external engine parts; etc.). The MIC petition expressly seek an exclusion only for accessible lead-containing parts, components and accessories

MIC News Release on Petition Info
http://www.mic.org/news012609.cfm

Please continue to send letters to Congress, the Administration, and CPSC asking them to support the MIC’s petition. See my previous blogs for sample letter, etc.

Congress is Hearing Your Voice on Youth OHV Ban

Congress is hearing your collective voice regarding the Feb. 10 nationwide ban of youth OHVs. Senator Jim DeMint has introduced legislation S374 to address the issue
http://demint.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=47f5e571-e91a-1938-714d-890052de9195&Month=2&Year=2009

NAM placed an ad on THE HILL that talks about the many businesses that will be impacted by CPSC’s ban. See article:
http://www.earthtimes.org/articles/show/business-community-urgently-calls-on,704940.shtml

Here is the ad.
http://www.bracewellgiuliani.info/nam/

AMA has written a letter:
http://www.amadirectlink.com/news/story.asp?id=595


This crisis for the OHV community is not over!!! Please continue to make personal visits to your Member of Congress and thanks to all of you who have made those visits or written a letter.

CPSC Comment Pagehttp://www.cpsc.gov/cgibin/info.aspx

BRC Rapid Response Center to contact the White House and your Congressional Memberhttp://www.sharetrails.org/rapid_response/

MIC News Release on Issue:http://www.mic.org/news012609.cfm

Honda Letter to Dealers:http://www.cyclenews.com/ShowStory.asp?HeadlineID=13413

NAM Letter
http://www.sharetrails.org/files/CPSC-NAM-Request-for-Emergency-Stay.pdf

Sample "Cut and Paste" Letter:

As a member of the OHV community, I want to voice my strong support for petitions filed recently by the Motorcycle Industry Council and Specialty Vehicle Institute of America to seek emergency relief from provisions which go into effect on February 10, 2009.

While I do support efforts by Consumer Product Safety Commission to protect children from lead content in products that truly present a risk to children, I do not believe the Commission intended that metal parts on ATVs and motorcycles be included in that regulation because they do not present a lead risk to children.

As the spring OHV recreation season rapidly approaches, I ask you to support efforts to exclude youth-oriented OHVs – and the businesses that sell and service them – from being unnecessarily impacted by this ban especially during this economic crisis.

Sincerely,

Motorcycle Shop Owners Worried About Lead Ban

It appears that more users and shop owners are becoming aware of the Feb. 10 BAN on youth

OHVs. The General continues to urge riders and dealers to visit the office of their Member of Congress - TODAY. I think a lot of folks are slowly coming to the realization of just how great an impact this BAN will have on business owners and family OHVers.

Here is a news article on this issue:

http://www.stjoenews.net/news/2009/feb/04/some-frustrated-lead-mandates/?print

For info on how to send letters... see info below in yesterday's blog.

Update on CPSC Youth OHV Ban - Two Issues

This “Youth Ban” on OHVs is a complicated issue and actually has (at least) two parts.

The ATV specific provision mandates manufacturing to the ANSI/SVIA standard by 4/13/09. That does not appear to be a concern, since many OHVs already meet that standard.

What does appear to be the issue is the lead content provisions that apply to ALL products primarily intended for youth age 12 or younger. I believe those concerns have been articulated in the MIC’s petition for a stay.

Unfortunately, CPSC's action on Friday to stay enforcement of some provisions of the ban is not nearly as good news as it seemed to some of us.
The CPSC actually provided no relief to the Industry or to families who want to purchase those products.

Effective February 10, powersports companies and dealers will be prohibited from selling products intended primarily for youth age 12 and under with lead content in excess of the limits – period end of subject!. The CPSC action only stays the testing and certification requirements. I don’t think the CPSC intended to target some motorcycle/ATV parts that contain lead in excess of the limits, such as brake levers, engines and suspensions, since they do not present a risk to children in the real world. Lead in these components is necessary, either for safety or in the case of facilitating the machining of tire valves, critical to assuring tire air retention, or for functionality, such as the lead in battery terminals, which is needed to conduct electricity.

Please continue to urge CPSC and Congress to grant pending petitions by MIC, SVIA and member companies or to extend the effective date of the lead content limits.

Motorcycle-USA had a great article on this issue:
http://www.motorcycle-usa.com/5/2382/Motorcycle-Article/Lead-Ban-Stops-Youth-ATV-and-Motorcycle-Sales.aspx

CPSC Comment Pagehttp://www.cpsc.gov/cgibin/info.aspx


BRC Rapid Response Center to contact the White House and your Congressional Memberhttp://www.sharetrails.org/rapid_response/

MIC News Release on Issue:http://www.mic.org/news012609.cfm
Honda Letter to Dealers:
http://www.cyclenews.com/ShowStory.asp?HeadlineID=13413

NAM Letter

http://www.sharetrails.org/files/CPSC-NAM-Request-for-Emergency-Stay.pdf

Sample "Cut and Paste" Letter:


As a member of the OHV community, I want to voice my strong support for petitions filed recently by the Motorcycle Industry Council and Specialty Vehicle Institute of America to seek emergency relief from provisions which go into effect on February 10, 2009.


While I do support efforts by Consumer Product Safety Commission to protect children from lead content in products that truly present a risk to children, I do not believe the Commission intended that metal parts on ATVs and motorcycles be included in that regulation because they do not present a lead risk to children.


As the spring OHV recreation season rapidly approaches, I ask you to support efforts to exclude youth-oriented OHVs – and the businesses that sell and service them – from being unnecessarily impacted by this ban especially during this economic crisis.


Sincerely,

Keep Fighting Ban on Youth OHVs

As the Feb. 10 “BAN” on the sale of youth OHVs rapidly approaches, The General asks his readers to continue making personal phone calls or visits to their respective Member of Congress. I have already heard back from a number
of you who have made those visits or intend to make them today.

Please make those visits and “Take a Dealer” with you. Both the family OHV user and local shops will suffer if Congress does not act or if the CPSC does not grant the MIC’s petition for a temporary exclusion.

Also, JC at Motorcycle-USA wrote a great article on this issue:
http://www.motorcycle-usa.com/5/2382/Motorcycle-Article/Lead-Ban-Stops-Youth-ATV-and-Motorcycle-Sales.aspx

Please continue to send letters to the CPSC, Pres. Obama, and Congress and ask others to do the same.


CPSC Comment Pagehttp://www.cpsc.gov/cgibin/info.aspx


BRC Rapid Response Center to contact the White House and your Congressional Memberhttp://www.sharetrails.org/rapid_response/

MIC News Release on Issue:http://www.mic.org/news012609.cfm
Honda Letter to Dealers:
http://www.cyclenews.com/ShowStory.asp?HeadlineID=13413

PL 110-314 (HR 4040)

http://www.cpsc.gov/cpsia.Pdf

Sample "Cut and Paste" Letter:


As a member of the OHV community, I want to voice my strong support for petitions filed recently by the Motorcycle Industry Council and Specialty Vehicle Institute of America to seek emergency relief from provisions which go into effect on February 10, 2009.


While I do support efforts by Consumer Product Safety Commission to protect children from lead content in products that truly present a risk to children, I do not believe the Commission intended that metal parts on ATVs and motorcycles be included in that regulation because they do not present a lead risk to children.


As the spring OHV recreation season rapidly approaches, I ask you to support efforts to exclude youth-oriented OHVs – and the businesses that sell and service them – from being unnecessarily impacted by this ban especially during this economic crisis.


Sincerely,

Mississippi National Forests Pull Travel Plan

With the “paperwork” avalanche cascading down on the OHV community via numerous travel planning processes on various National Forests throughout the country, I want to report a recent land-use victory regarding the Travel Management Project for the Mississippi National Forests.

A Jan. 30 News Release by the BlueRibbon Coalition
http://www.sharetrails.org/releases/media/?story=630

The news release simply states that the agency is “…withdrawing the decision to allow consideration for additional analysis to be documented in the project record.”

Major Kudos should be going to the Memphis Motorcycle Club, the BRC, and the AMA for appealing the Forest’s final decision to not designate basically ANY of the historic user routes which came about through legal means when the Forest had an “Open” for cross-country travel prescription.

This decision could have an impact on the decision-making process on units such as the Shasta-Trinity National Forest that recently came out with a proposed action that functionally closes almost all of the historic trails (many of which I ride on and so do the Redding Dirt Riders) on the Forest.

When a Forest arbitrarily dismisses all of the historic and popular OHV routes (some routes even have carsonite trail or road numbers) that came into existence in a legal manner when that unit had an “Open” designation, the agency creates distrust with the users and lays a poor foundation upon which to build a quality trail recreation program. Ill-conceived and arbitrary final agency actions will only create future management and enforcement problems.

The General reminds the troops to stay engaged in the process. Strongly advocate for a reasonable range of alternatives… some of which should include historic and important user created (unauthorized) routes. Develop and propose your own “citizen’s or club” alternative like the Memphis club did. If you participate in the administrative planning process you are in a position to appeal (and sometimes win) onerous decisions that are unfair and unacceptable.

Last year, the BRC and Del Norte County appealed an unreasonable Forest Service decision that arbitrary closed a number of historic jeep routes in the Smith River National Recreation Area. That unit has also pulled the decision and is undergoing a new planning effort… an effort that hopefully treats the local county officials and OHV users with more respect.

News Release on Smith River NRA 2008 Appeal
http://www.sharetrails.org/magazine/article.php?id=1518

Photo by Don Amador – Rider is Mark Story, Land Use Hero from the Memphis Motorcycle Club
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