03NR30 - EPA Responds to Congressional Letter Regarding Motorcycles
MRF E-MAIL NEWS
Motorcycle Riders Foundation
P.O. Box 1808
Washington, DC 20013-1808
FOR IMMEDIATE RELEASE
Contact: Tom Wyld
September 13, 2003
#03NR30 - EPA Responds to Congressional Letter Regarding Motorcycles
The Environmental Protection Agency (EPA) responded to the May 28, 2003 letter written by U.S. Reps. John Shimkus (R-Illinois) and Ted Strickland (D-Ohio), signed by 44 other Members of Congress, on questions regarding the impending rulemaking on new motorcycle emissions standards.
Most noteworthy is EPA's reasoning for excluding the motorcycle industry's independent shops and aftermarket suppliers in the rulemaking process. The Regulatory Flexibility Act ("RFA"), as amended in 1996 by the Small Business Regulatory Flexibility Act ("SBREFA"), requires federal agencies to tailor their regulations to fit the needs and capabilities of small business. The agency asserts it was correct to dismiss independent shops, citing case law that states, "An agency is under no obligation to conduct a small entity impact analysis of effects on entities which it does not regulate [Motor & Equipment Mfrs. Ass'n v. Nichols, 142F. 3d 449, 467 (D.C. Cir. 1998)]."
That case, however, was brought on behalf of engine and parts manufacturers, not vehicle manufacturers. "This rule would promulgate requirements only on manufacturers of new motorcycles," EPA continues. "Precisely," responds Tom Wyld, VP-Government Relations, Motorcycle Riders Foundation (MRF). "And independent shops are 'manufacturers of new motorcycles.' MRF and its partners have argued for more than three years that independent shops are the smallest of small volume makers, have dramatically unique needs as compared to larger entities, and deserve what little protection is offered them under the SBREFA umbrella."
"Independent dealers, shops and aftermarket parts suppliers and end-users are not directly regulated by the rule," EPA claims, adding that it expects "no significant effects, even indirect ones, on these entities." Visit the MRF website at http://www.mrf.org/positionpapers.php to view the letter from Congressmen Shimkus and Strickland, as well as EPA's full response.
Ducking under the semantics of "not directly regulated" is a common federal regulatory tactic - one that Congress has heard before. In testimony before the House Small Business Committee in March 2002, an expert on SBREFA compliance stated "agencies are still attempting to avoid or defeat RFA requirements...[specifically] Agencies often claim that their regulations do not directly impact small entities..." The case cited by the expert? Motor & Equipment Mfrs. Ass'n v. Nichols.
The Motorcycle Riders Foundation has requested an emergency meeting with the Executive Office of the President to address these and other pressing concerns regarding the EPA's proposed rulemaking.
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The MRF proudly claims state motorcyclists' rights organizations and the very founders of the American riders' rights movement among its leading members. The MRF is involved in federal and state legislation and regulations, motorcycling safety education, training, and public awareness. The MRF provides members and state motorcyclists' rights organizations with direction and information, and sponsors annual regional and national educational seminars for motorcyclists' rights activists, as well as publishing a bi-monthly newsletter, THE MRF REPORTS.
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The first motorcyclists' rights
organization to establish a full-time legislative advocacy presence in Washington. The Motorcycle Riders
Foundation is the only Washington voice devoted exclusively to the street
rider. MRF established MRFPAC in the early 1990s to advocate the election of candidates
who would champion the cause of rider safety and rider freedom. MRF proudly claims state
motorcyclists' rights organizations and the very founders of the American rider rights
movement among its leading members. Motorcyclists worldwide can thumb-start their search
for rider rights and safety on the web at www.mrf.org.
© All information contained in this release is copyrighted. Reproduction
permitted with attribution. The Motorcycle Riders Foundation, incorporated
in 1987, is an independent, membership-based national motorcyclists' rights organization headquartered in Washington D.C. which operates in
co-partnership with State Motorcyclists' Rights Organizations
nationwide. The MRF is involved in federal and state legislation and
regulation, motorcycling safety education, training, licensing and public
awareness. The MRF provides individual and SMRO member-volunteers with guidance, support and information to protect motorcyclists' rights and
advance motorcycling and its associated lifestyle. The MRF sponsors annual regional and national educational seminars for motorcyclists' rights
activists and publishes a bi-monthly newsletter, THE MRF REPORTS.
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