Taking The Hill

By Matthew T. Brown

House Forms New Subcommittee
The House Transportation and Infrastructure Committee has formed a new subcommittee that will oversee the agencies, departments and programs within the committee's jurisdiction. The Subcommittee on Investigation, Oversight and Emergency Management will be chaired by Congresswoman Tillie K. Fowler (R-Fla.). The ranking member of the subcommittee will be Jim Traficant (D-Ohio). Other members include Lee Terry (R-Neb.), John Doolittle (R-Calif.), and Shelley Berkeley (D-Nev.).

The Transportation and Infrastructure Committee is responsible for issues such as Superfund, authorization of transportation spending, and clean water programs.

EPA Considers New OBD Rule
The Environmental Protection Agency (EPA) met with representatives from the motor vehicle aftermarket to discuss a proposed new regulation regarding on-board diagnostic (OBD) systems. The meeting was initiated because of problems that the independent aftermarket has had with obtaining information from OBD computers to repair vehicles and build aftermarket parts that will function within the parameters of OBD systems.

The EPA plans to publish a proposed rule in either late summer or early fall that will require original equipment manufacturers (OEM) to provide more technical information to the motor vehicle aftermarket and to make that information more accessible. The EPA has discussed requiring OEMs to make the full text of repair manuals available electronically through individual OEM websites and to develop a standardized method for reprogramming OBD computers. This would mean reduced scan tool costs as well as improved access to information by independent repairers because the tools perform the same functions as the manufacturers' tools.

Those at the meeting stressed that aftermarket parts manufacturers must have the information to build parts and independent repairers must have the tools and service information to diagnose and repair late model vehicles. Section 202(m)(4) of the Clean Air Act requires the EPA Administrator to ensure "access to the emission control diagnostics system through such connectors shall be unrestricted and shall not require any access code or any device which is only available from the vehicle manufacturer." Additionally, manufacturers are required to provide the same information to the aftermarket that is provided to new car dealers.

Bill Would Require Review of Agency Science
Legislation introduced in the U.S. House of Representatives would require a review of the science that agencies use to issue regulations. If enacted, this could force a review of regulations issued by the U.S. Environmental Protection Agency (EPA) and all agencies by persons who are not employed by the agency and who cannot profit from the regulations.

The Science Integrity Act was introduced by Congressman Richard Pombo (R-Calif.). If enacted, the legislation would require agencies to create a list of peer reviewers competent to review the appropriateness of any scientific methodology supporting regulations based on education, training, or other experience. Thirty days after the regulation is issued, the agency would be required to transmit information to Congress on the scientific information used in support of the regulation as well as a response by the agency head to any point of disagreement between the agency and the independent review. In addition, the final publication of any rule will contain the peer review.

Mandates Information Act Passes House
The U.S. House of Representatives has passed legislation requiring a review of legislation that would place unfunded mandates on the private sector and encourage debate in the Congress on specific mandates. Similar legislation was passed by the House last year, but died in the Senate.

Sponsored by Congressman Gary Condit (D-Calif.), the Mandates Information Act passed the House by a vote of 274 -149. The legislation would allow members of Congress to require additional debate on any legislation that would cost the private sector over $100 million a year. In addition, the bill would require the Congressional Budget Office (CBO) to review legislation about the impact of legislation with high costs to the private sector and determine its impact on consumers, small business and workers.

EPA Administrator Threatens Veto of Bill to Aid Small Business
Carol Browner, U.S. Environmental Protection Agency Administrator, recently warned Congressman Henry Waxman (D-Calif.) that she would recommend that the President veto the Small Business Paperwork Reduction Act recently passed by the U.S. House of Representatives. The legislation would waive civil fines for businesses for first-time paperwork violations that do not cause serious harm to public health and safety.

Browner and the EPA are concerned that the bill will prevent the enforcement of environmental laws.

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AutoInc. Magazine ® Vol.XIVII, April 1999
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