The EPA has proposed a service information rule that is a step in the right direction. Although we have made progress, repairers are not at a point where emissions and non-emissions service information is assured by all original equipment manufacturers at a reasonable cost. ASA supports the proposed regulation, but believes the proposed rule could be improved with some changes.

The Service Information Availability Notice of Proposed Rulemaking has been signed by Christine Todd Whitman, U.S. Environmental Protection Agency (EPA) administrator, and published for comment in the Federal Register. The EPA hosted a public hearing July 25 in Ann Arbor, Mich., on the proposed rule. Formal written comments will be received by the agency through Aug. 7, 2001.

The EPA first began discussions about the proposed rule in 1997. Leaders from the Automotive Service Association (ASA) met with top EPA officials at ASA's Annual Meeting to talk about service information issues and FedWorld. The proposal has been revised at various times but now is in the public domain for comment. The original service information regulations, which came about after the Clean Air Act Amendments of 1990 were signed into law, were thought at the time to be adequate with regard to what information repairers would receive as well as the distribution and cost of that information.

Repairers are well aware of the problems that have since developed with acquiring information from various original equipment manufacturers (OEMs), the failed FedWorld distribution process and what has become a potentially financially devastating cost scenario: obtaining the information.

ASA is a participant in the National Automotive Service Task Force, which brings the aftermarket together with the OEMs and new car dealers to develop a system to better provide service information and training to repairers. This is definitely a step in the right direction. Coupled with the new information proposal, repairers are making progress in the information arena. A word of caution at this point: Although we have made progress, repairers are not at a point where emissions and non-emissions service information is assured by all original equipment manufacturers at a reasonable cost.

ASA supports the proposed regulation, but believes the proposed rule could be improved with some changes. Bill Haas, ASA Mechanical Division manager, testified at the July hearing in Ann Arbor. ASA will also submit written comments to the EPA.

The proposed rule is not clear as to how the repairer will obtain anti-theft system information or if there are any specific time restrictions on the OEMs to provide the same after a replacement or reprogramming in an emissions-related repair. If the vehicle is repaired but cannot be driven from the repair facility, then the repair is not complete. A timely transfer of anti-theft system information is essential.

Where and how long information is archived is also an issue of concern. Internet-based information for newer vehicles is critical and ASA supports the EPA's efforts toward this end. ASA does have interest in those pre-1996 vehicles that could be sanctioned to a FedWorld-type environment. The most recent of these vehicles should also be included in the Internet system.

The EPA outlines a fee structure proposal for obtaining the information from the OEMs. This is a critical part of the rule. The EPA must recognize what repairers are now paying for repair information and the traditional system of information distribution. The fees outlined by the agency are much higher than repairers currently pay. ASA is evaluating this particular provision and will include recommendations in its formal comments. Although the original regulations after the Clean Air Act Amendments of 1990 (CAAA) were very detailed concerning "reasonable cost," this has not carried through to date with this particular rule. It also has had no bearing on some of the OEM proposals that are currently in the marketplace. Proposed fees have ranged from "free" from one manufacturer to such high rates by another that very few specialty repair facilities could afford to participate in that particular program.

The EPA also mentions the importance of third party information intermediaries. ASA supports this provision but encourages the EPA to include language that would require a "fair and reasonable" approach in dealing with these third parties, much like the OEMs have in place today.

Training has become an important component of the National Automotive Service Task Force and we are pleased that the EPA has also highlighted the need for training distribution to the aftermarket in the rule. This will have long-term importance for traditional repair but will also be key as the on-board diagnostic inspection and maintenance programs advance. To counter the post-CAAA problems (i.e., repeated test failures after repairs, etc.) technicians with independent repair shops must have the same access to OEM training as do technicians for new car dealers - otherwise we will find ourselves with an even worse dilemma than in the 1990s, with a dissatisfied customer base.

The EPA points out the need for reprogramming ability if the new car dealers have this capability. The lack of tools or tool-related information is broader than illustrated by the EPA and this has to be resolved, whether voluntarily or by regulation.

The definition of “emissions-related” continues to be of concern. Most would agree that this rule has to be very specific, otherwise the aftermarket will be back at the table as soon as various repairs are prohibited. The task force includes non-emission information and hopefully will avoid future problems, but it is difficult to predict what will or will not be included in an emissions system over time. This could be particularly problematic if the definition is too narrow.

Web performance requirements are very important. ASA supports a continuing evaluation of these sites.

ASA appreciates the efforts of the EPA to resolve a very serious problem for repairers. We also believe that the National Automotive Service Task Force is an important industry element in this process. Without identifying specific information problems and advancing non-emissions information and training efforts from an industry perspective, this process will have less chance of success.

ASA encourages repairers to comment on the proposed rule. It can be reviewed at www.epa.gov/otaq/vehserv.htm.

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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