Congress/RPM Act – Our Quality of Life

Bill to keep EPA out of auto racing picks up bipartisan Senate support


A plea for intercession and commonsense – by Rickey D. Holtsclaw, Houston PD/Retired

Hello Senator Burr,

My name is Rickey D. Holtsclaw. I am an honorably retried 31-year veteran of the Houston Police Department, a staunch-Conservative Republican, supporter of President Trump and his campaign emphasizing an adherence to the “rule-of-law.” I am very concerned regarding your support of the RPM Act/H.R. 350 and ask that you permit me a few minutes to discuss the “can of [noisy-polluting] worms” you’re opening that is not readily apparent at first glance.

aftermarket-exhaust

Senator Burr, as a law enforcement officer with assignments in patrol, motorcycle patrol and as a commercial rotor craft patrol pilot, I observed over my 31-year career the exponential increase/onslaught of illegally equipped, illegally loud, illegally polluting motor vehicles operating unencumbered on our public roadways. I also observed the incredibly negative physiological/psychological effects these illegally LOUD motor vehicles have on the citizens within my area of responsibility, the destruction of good daily quality of life standards as well as the unnecessary dangers to the health and welfare of these American citizens – yet law enforcement, my local and state elected officials were/are doing absolutely NOTHING to intercede and stop the intrusive/illegal vehicular NOISE nonsense!

my bikes too loudharley-rider-shooting-the-finger-over-epa-finestoo loud too bad

Senator Burr, the United States Congress, as per the Congressional Statement associated with the Noise Control Act of 1972, clearly articulates the Government’s concerns regarding unregulated environmental noise and specifically names “transportation vehicles” as a primary culprit endangering the health and welfare of the American public. Sir, the US EPA’s Code of Federal Regulations specifically regulates noise emissions for medium-to-heavy duty trucks and motorcycles licensed to operate on our public roadways. In 1986, the US EPA reduced acceptable “total” motorcycle noise emission restrictions from 83 dB(A) to 80 dB(A) in response to concerns for the health and welfare of the American citizen with an emphasis on protection for our most innocent, those most susceptible to motorcycle noise emissions e.g. our children, our elderly and our handicapped as well as those living within our congested urban areas.

EPA muffler label
Muffler Label required on every street legal motorcycle in the United States.
honda epa label on frame
Frame Label matching required muffler label denoting compliance.

Senator Burr, though most of our elected officials are unaware of the facts surrounding the harm done by illegally equipped motor vehicles, the fact remains that unregulated motor vehicle noise is the #1 destroyer of good quality of life standards for many millions of American citizens on a daily basis. Along with these concerns is the fact that one of the biggest criminal conspiratorial conundrums associated with racing/closed course only/NOT FOR ROAD USE parts is the aftermarket exhaust manufacturing market where an undeniable criminal-collusion exists between the manufacturers, distributors, retailers, installers, operators of illegally loud, illegally polluting aftermarket exhaust mechanisms that ultimately end-up affixed to motor vehicles operated on our public roadways.

epa closed course label on muffler

Long story short. Senator Burr, your support of the RPM Act-2017/H.R. 350 is unwittingly support for an industry that is responsible for destroying the quality of life for millions of the citizenry that you’ve taken an oath to protect and serve via your promise to uphold the laws of the United States of America as per the United States Constitution. I could continue for at least an hour with numerous pages on this subject; therefore, I will attach a few of my articles that clearly articulate the motivations and the behaviors of the organizations you seek to support and advocate.

semaMRF

Please, read through the articles and understand that the health and welfare, the quality of life of the citizens in your area of responsibility “trumps” the hedonistic/narcissistic desires of those involved in the sport of automobile, motorcycle competition racing. Remember: those modified vehicles that you seek to approve for the closed-course racing environs, many of these vehicles and their NOT FOR ROAD USE equipment ultimately find their way onto our public roadways and as result, the people suffer while law enforcement turns a blind eye and deaf ear to the illegal, dangerous, intrusive, pervasive, problem.

if it feels good do it biker creed

Senator Burr, I am fully aware of the power and influential lobbying efforts of the organizations defying the protective intent of the US EPA regulations, but again, in whom do you seek to serve, your faithful constituency or the self-interest of those who care absolutely nothing for the quality of life or the health and welfare of those who have placed their trust and hope in you? Please remember your oath!

Article: The Truth about Loud Motorcycles the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.wordpress.com/…/the-truth-about-lo…/

Article: Motorcycle Noise Enforcement – 101: https://rickeyholtsclaw.wordpress.com/?s=noise+enforcement

Article: Loud Motorcycles and the EPA: A Letter and Plea for Intercession: https://rickeyholtsclaw.wordpress.com/…/loud-motorcycles-t…/

Dealers News Article: Selling and Installing Aftermarket Exhausts and the Legal Liabilities for Dealers: http://dealernews.prod.as2.guidance.com/dealernews/article/shades-gray-selling-and-installing-aftermarket-exhausts-and-legal-liabilities-dea

Article: EPA Sues Harley Davidson for $15-million: https://rickeyholtsclaw.wordpress.com/2016/08/20/epa-sues-harley-for-15-million-better-yet-the-aftermarket-scam-is-out-of-the-bag/

lady holding earschild holding ears loud motorcycle croppedlittle girl holding ears at biker parade

Sincerely,

Rickey D. Holtsclaw, Houston PD/Retired

me at lubys

01.24.17

Burr Introduces Bill to Keep EPA from Devastating Amateur Motorsports

WASHINGTON –Senator Richard Burr (R-NC) today reintroduced the Recognizing the Protection of Motorsports (RPM) Act, which would stop the Environmental Protection Agency (EPA) from cracking down on amateur race car mechanics and hobbyists. In 2015, for the first time ever, the Obama administration proposed a rule that would have enabled the EPA to fine amateur motorsports enthusiasts for converting their personal vehicles to racecars. This proposal ran counter to nearly a half century of clear congressional intent under the Clean Air Act. Thankfully, the rulemaking was removed; however, the EPA still views the practice of converting vehicles into racecars as unlawful. The RPM ACT will ensure that no administration will ever be able to overstep its regulatory powers in this area.

“For decades, Congress has made it clear that the EPA does not have the authority to regulate racing vehicles,” said Senator Burr. “The Obama EPA attempted to tell the American people what they can do with their own cars, even though there is a deep tradition of hobbyists who have chosen to upgrade their vehicles when they are removed from public roads. This bipartisan legislation ensures that the intent of the Clean Air Act is upheld and that amateur motorsports is protected for future generations.”

A companion bill, HR 350, was recently reintroduced in the House of Representatives.

About the RPM Act:

Since the first motor vehicle rolled across the assembly line, amateur mechanics and drivers have used hard work and ingenuity to transform their vehicles into racecars. These early pioneers established the framework for today’s thriving American motorsports industry, from the largest racetracks in Daytona Beach and Watkins Glen to the local tracks like Orange County Speedway in North Carolina and the Summit Point Motorsports Park in West Virginia. The National Association for Stock Car Auto Racing (NASCAR) was founded in 1948, and was initially based on the notion that racers purchase cars from the dealer’s stock and modify them to race. A rule proposed in 2015 by the Environmental Protection Agency (EPA), attempted to make it illegal to convert an automobile into a racecar if the engine, exhaust, or any other part of the emission system is altered from its stock configuration. Thankfully the purposed rulemaking was withdrawn, as it would have directly attacked the very idea NASCAR was built on, and for which millions of Americans still participate in as competitors and spectators every weekend.

The Motor Vehicle Air Pollution Control Act of 1965 defined the term “motor vehicle” as “any self-propelled vehicle designed for transporting persons or property on a street or highway.”  Congress also included “anti-tampering” language in this law, making it illegal for “any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser.” In 1970, Congress expanded the Clean Air Act’s anti-tampering provision to provide that no person can render the emissions controls inoperative “after such sale and delivery to the ultimate purchaser.”  However, Congress also clarified that the law does not apply to vehicles manufactured or modified for racing.

When it passed the Clean Air Act Amendments passed in 1990, Congress unequivocally excluded vehicles used solely for competition from the definition of “non-road vehicle” (“The term ‘non-road vehicle’ means a vehicle that is powered by a non-road engine and that is not a motor vehicle or a vehicle used solely for competition”).  It is instructive that Congress separated out “vehicles used solely for competition” from “motor vehicles,” as it indicates the term “motor vehicle” was never understood to include “vehicles used solely for competition.”

After examining the legislative history it is clear that Congress never intended to provide the EPA with the authority to regulate vehicles used solely for competition, including vehicles modified to be used exclusively for racing. While the EPA withdrew the problematic language from the final rule making last year, the agency still maintains that vehicle modification for motorsport is unlawful.

The Recognizing the Protection of Motorsports Act simply reaffirms what Congress’ position has always been in order to prevent another attack on amateur motorsports in the future.

The bill has 14 co-sponsors in the Senate including Senators Boozman (R-AR), Crapo (R-ID), Donnelly (D-IN), Ernst (R-IA), Fischer (R- NE), Graham (R-SC), Heller (R-NV), Inhofe (R-OK), Manchin (D-WV), Moran (R-KS), Rounds (R-SD), Rubio (R-FL), Tester (D-MT), and Tillis (R-NC).

Organizations Supporting this Bill:

Automobile Competition Committee for the United States (ACCUS-FIA)

American Motorcyclist Association (AMA)

Auto Care Association (Auto Care)

Automotive Warehouse Distributors Association (AWDA)

California Automotive Wholesalers Association (CAWA)

International Hot Rod Association (IHRA)

Motor and Equipment Manufacturers Association (MEMA)

Motorcycle Industry Council (MIC)

Motorcycle Riders Foundation (MRF)

National Association of Trailer Manufacturers (NATM)

North American Trailer Dealers Association (NATDA)

Off-Road Business Association (ORBA)

Service Station Dealers of America and Allied Trades (SSDA-AT)

Specialty Equipment Market Association (SEMA)

Tire Industry Association (TIA)

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