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Letter to EPA from Congressmen Shimkus and Strickland

May 28, 2003

The Honorable Christine Todd Whitman
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460

Dear Administrator Whitman:

We 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.

1. 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).

2. 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 so, why?

3. 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.

4. 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?

5. We would be interested in your comments about the Agency's consideration of safety when drafting this proposed rule.

6. 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.

Thank you for your cooperation and attention to this matter. We look forward to hearing from you soon.

Sincerely,

Ted Strickland
Member of Congress

John Shimkus
Member of Congress

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