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Letter to EPA from Congressmen Shimkus and Strickland
May 28, 2003
Honorable Christine Todd Whitman
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
are writing to ask some outstanding questions about
the Environmental Protection Agency's proposed emissions
standards for new highway motorcycles and recreational
boats. It is our understanding that a final rule on
highway motorcycles may be only weeks away, and we respectfully
request that you address our questions and concerns
at your earliest convenience.
Would you please share with us your general comments
on the degree to which the Agency met its obligations
under the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA).
In addition, we were informed that the motorcycle industry's
independent shops and aftermarket suppliers were not
included as part of the small business community potentially
affected by this proposed rule. Did the Agency determine
that these businesses have no standing in the SBREFA
process as directly impacted small businesses and, if
Would you please comment on the degree to which the
Agency complied with Executive Order 12866 that obligates
regulatory agencies to consider less stringent alternatives.
What segment of the industry will be responsible for
certifying compliance with the regulations - the owner,
assembler, or the aftermarket engine manufacturer? More
specifically, in the case of kit bikes offered for sale
by aftermarket companies, who should bear the burden
of compliance? And, if the engine maker bears some responsibility
to certify his or her engine as EPA compliant, who becomes
responsible for certification in the case of independent
shops (or individual Americans) that procure a disassembled
engine from an engine maker?
We would be interested in your comments about the Agency's
consideration of safety when drafting this proposed
Finally, given motorcycles' value in conserving fuel,
we would like your assurance that this proposed rule
would not discourage this mode of transportation and
have a significant adverse impact on energy use.
you for your cooperation and attention to this matter.
We look forward to hearing from you soon.
Member of Congress
Member of Congress