[Federal Register: June 17, 2003 (Volume 68, Number 116)]
[Rules and Regulations]
[Page 35792-35801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn03-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[FRL-7492-6]
RIN 2060-AJ77
Control of Air Pollution From New Motor Vehicles and New Motor
Vehicle Engines; Modification of Federal On-Board Diagnostic
Regulations for: Light-Duty Vehicles, Light-Duty Trucks, Medium Duty
Passenger Vehicles, Complete Heavy Duty Vehicles and Engines Intended
for Use in Heavy Duty Vehicles Weighing 14,000 Pounds GVWR or Less;
Extension of Acceptance of California OBD II Requirements
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to amend and revise certain
requirements associated with the Federal on-board diagnostic (OBD)
system regulations. EPA previously promulgated an OBD rulemaking on
December 22, 1998 (63 FR 70681) which
[[Page 35793]]
indefinitely extended the provision allowing compliance with California
OBD II requirements to satisfy federal OBD requirements. The California
Air Resources Board (CARB) has recently revised their OBD II
requirements and, accordingly, today's rulemaking promulgates
appropriate revisions to Federal OBD regulations including: an update
to the acceptable version of the California OBD II regulations that
allows compliance with California OBD II regulations to satisfy Federal
OBD regulations; inclusion of relevant sections pertaining to
California OBD II catalyst monitoring requirements when accepting
manufacturers' demonstration of compliance with California OBD II; an
update of the incorporation by reference of standardized practices
developed by the Society of Automotive Engineers (SAE) and the
International Organization for Standardization (ISO) to incorporate
recently published versions, while also incorporating by reference a
new standardized protocol developed by the International Organization
for Standardization (ISO) and establishing a future date by which this
protocol will be the only acceptable protocol; and a technical
amendment to the optional chassis certification requirements for heavy-
duty (HD) vehicles weighing 14,000 pounds GVWR or less. OBD systems in
general provide substantial benefits to the environment by diagnosing
and alerting operators, vehicle inspection and maintenance (I/M)
personnel, and service providers of deterioration or malfunction of
emission related control systems.
DATES: This direct final rule becomes effective August 18, 2003 without
further notice, unless we receive adverse comments by July 17, 2003 or
we receive a request for a public hearing by July 2, 2003. Should EPA
receive any adverse comments on this direct final rule, we will publish
a subsequent action in the Federal Register withdrawing an amendment,
paragraph, or section of this final rule. The incorporation by
reference of certain publications listed in the rule is approved August
18, 2003.
ADDRESSES: All comments and materials relevant to today's action should
be submitted to Public Docket No. A-2002-20 at the following address:
EPA Docket Center (EPA/DC), Public Reading Room, Room B102, EPA West
Building,1301 Constitution Avenue, NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, except on government holidays. You can reach the
Reading Room by telephone at (202) 566-1742, and by facsimile at (202)
566-1741. The telephone number for the Air Docket is (202) 566-1742.
You may be charged a reasonable fee for photocopying docket materials,
as provided in 40 CFR part 2. A request for hearing should be made to
the person noted in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Arvon L. Mitcham, Certification and
Compliance Division, U.S. Environmental Protection Agency, 2000
Traverwood, Ann Arbor, Michigan 48105, Telephone 734-214-4522, or
Internet e-mail at ``mitcham.arvon@epa.gov.''
SUPPLEMENTARY INFORMATION: EPA is publishing this direct final rule
without prior proposal because we view this action as noncontroversial
and anticipate no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register publication, we are publishing a
separate document that will serve as the proposal to adopt the
provisions in this direct final rule if adverse comments are filed.
This rule will be effective on August 18, 2003 without further notice
unless we receive adverse comment by July 17, 2003 or a request for a
public hearing by July 2, 2003. If we receive adverse comment on one or
more distinct amendments, paragraphs, or sections of this rulemaking,
we will publish a timely withdrawal in the Federal Register indicating
which provisions are being withdrawn due to adverse comment. We may
address all adverse comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Any distinct amendment, paragraph, or section of today's rulemaking for
which we do not receive adverse comment will become effective on the
date set out above, notwithstanding any adverse comment on any other
distinct amendment, paragraph, or section of today's rule.
Regulated Entities
Entities potentially regulated by this action are those which
manufacture new motor vehicles and engines.
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NAICS Codes
Category Examples of regulated entities \a\ SIC Codes \b\
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Industry...................................... New motor vehicle and engine 33611, 336112, 3711
manufacturers. 336120
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\a\ North American Industry Classification System (NAICS) Code.
\b\ Standard Industrial Classification (SIC) System Code. This table is not intended to be exhaustive, but
rather provides a guide for readers regarding entities EPA is now aware could potentially be regulated by this
action. Other types of entities not listed in the table could also be regulated. To determine whether your
product is regulated by this action, you should carefully examine the applicability criteria in Sec. Sec.
86.005-17, 86.1806-04, and 86.1806-05 of title 40 of the Code of Federal Regulations. If you have questions
regarding the applicability of this action to a particular product, consult the person listed in the preceding
FOR FURTHER INFORMATION CONTACT section.
Table of Contents
I. Electronic Availability
II. Introduction and Background
III. Requirements of the Direct Final Rule
A. Update of Provision for Acceptance of California Air
Resources Board (CARB) OBD II as Satisfying Federal OBD Requirements
B. Inclusion of California OBD II Catalyst Monitoring
Requirements in Federal OBD Regulations when Accepting California
OBD II Compliance
C. Technical Amendment to the Optional Chassis Certification
Requirements for Heavy-duty (HD) less than 14,000 pounds GVWR
D. Applicability
E. Update of Materials Incorporated by Reference
IV. Cost Effectiveness
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health & Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
[[Page 35794]]
J. Congressional Review Act
I. Electronic Availability
Today's action is available electronically on the day of
publication from EPA's Federal Register Internet Web site listed below.
Electronic copies of this preamble, regulatory language, and other
documents associated with today's direct final rule are available from
the EPA Office of Transportation and Air Quality Web site listed below
shortly after the rule is signed by the Administrator. This service is
free of charge, except any cost that you already incur for connecting
to the Internet.
EPA Federal Register Web site: http://www.epa.gov/docs/fedrgstr/epa-air/
.
(Either select a desired date or use the Search feature.)
II. Introduction and Background
On February 19, 1993, pursuant to Clean Air Act (CAA) section
202(m), 42 U.S.C. 7521(m), EPA published a final rulemaking (58 FR
9468) requiring manufacturers of light-duty vehicles (LDVs) and light-
duty trucks (LDTs) to install on-board diagnostic (OBD) systems on such
vehicles beginning with the 1994 model year. The regulations
promulgated in that final rulemaking require that manufacturers install
OBD systems which monitor emission control components for any
malfunction or deterioration causing exceedance of certain emission
thresholds, and alert the vehicle operator to the need for repair. That
rulemaking also requires that, when a malfunction occurs, diagnostic
information must be stored in the vehicle's computer to assist the
technician in diagnosis and repair.
Additionally, this original OBD regulation provided an allowance
for manufacturers to satisfy federal OBD requirements through the 1998
model year by installing OBD systems satisfying the California OBD II
requirements pertaining to those model years. On December 22, 1998 (63
FR 70681), EPA revised the federal OBD regulations such that the
allowance of compliance with the California OBD II regulations
(excluding anti-tampering provisions) extended indefinitely, rather
than applying only through the 1998 model year. In addition, EPA
updated the allowed version of the California OBD II regulations to the
most recently published version, at that time, CARB Mail-Out
97-24 (December 9, 1997).
California has recently issued revisions to their OBD II
requirements as described in CARB Mail-Out MSCD 02-11
(internet posting date October 7, 2002) and Attachment II,
Modifications to Malfunction and Diagnostic System Requirements for
2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and
Medium-Duty Vehicles and Engines (OBD II), Section 1968.2, Title 13,
California Code of Regulations. In today's action, EPA is revising the
federal OBD regulations to update the allowed version of the California
OBD II regulations to the most recently issued version noted above,
such that the allowance of compliance with the California OBD II
regulations (with the exclusion of certain provisions as noted below)
continues to be accepted. EPA is making this revision, and continuing
to allow manufacturers to demonstrate compliance with California's OBD
regulations, to encourage broader OBD development and calibration
efforts. EPA believes that the benefits of a robust OBD program
outweigh the benefits of the unique requirements of the federal OBD
regulations. EPA also believes, as was noted in an August 30, 1996
final rule (61 FR 45898), that the California OBD II program fully
meets the requirements of the Clean Air Act (CAA) and fulfills the
intent of the federal OBD program.
Today's action also updates the incorporation by reference of
standardized practices developed by the Society of Automotive Engineers
(SAE) and the International Organization for Standardization (ISO) to
recently published versions. EPA believes that by including these
standardized practices in our regulations we ensure continuity and
uniformity in the design of OBD II systems, which was mandated in
section 202(m)(4) of the CAA. As a result, changes and updates to these
standardized practices must be recognized by revising our regulations
to incorporate by reference the latest versions of these documents.
Today's action also incorporates a new, optional standardized
communication protocol, ISO 15765-4.3:2001, December 14, 2001, ``Road
Vehicles-Diagnostics on Controller Area Network (CAN)--Part 4:
Requirements for emission-related systems'', that can be used by
manufacturers to design OBD systems. The standardized communication
protocols provide a uniform language structure that facilitates
compatibility between OBD II equipped vehicles and OBD II-related
equipment. Manufacturers are planning to implement this new protocol on
vehicles as early as the 2004 MY. In addition, EPA is requiring that
commencing in the 2008 model year the only allowable protocol will be
this new communication protocol, ISO 15765-4.3. With the 2008 model
year, the other, currently-accepted protocols: SAE J1850, ISO 9141-2
and ISO 14230-4; will no longer be accepted and all manufacturers must
implement OBD systems using only ISO 15765-4.3.
III. Requirements of the Direct Final Rule
Following are the provisions promulgated by this direct final
rulemaking.
A. Update of Provision for Acceptance of California Air Resources Board
(CARB) OBD II as Satisfying Federal OBD Requirements
EPA is revising the existing provisions that allow indefinite
optional compliance with the California OBD II requirements, excluding
the California OBD II anti-tampering provisions, as satisfying federal
OBD. Although the existing allowances continue indefinitely, the
referenced CARB mail-out (and corresponding regulation) has been
revised by California and is thus outdated. Thus, rather than the
currently allowed CARB Mail-Out 97-24 (December 9, 1997), the
allowed version will be CARB's recently updated version contained in
CARB Mail-Out MSCD 02-11 (internet posting date October 7,
2002) and Attachment II, Modifications to Malfunction and Diagnostic
System Requirements for 2004 and Subsequent Model-Year Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles and Engines (OBD II),
Section 1968.2, Title 13, California Code of Regulations. EPA
recognizes that CARB may continue to make minor modifications to 13 CCR
section 1968.2 before its full implementation. However, EPA believes it
appropriate to revise its regulations at this time to reference the
most recent version of CARB's requirements and EPA anticipates it will
make the appropriate updated references by technical amendment or other
appropriate rulemaking. Before such updated references occur, EPA
believes that any changes made by CARB in its regulations would be
minor and therefore the manufacturers will be able to utilize EPA's
existing deficiency provisions in the rare circumstances where those
CARB requirements that EPA references by today's action are more
stringent than the OBD requirements met by the manufacturer under
revised CARB regulations. Thus by today's rulemaking EPA is amending
paragraph (j) as found respectively in 40 CFR 86.005-17 and 86.1806-05,
to reflect CARB's most recent version of the OBD II requirements. In
addition, because EPA's Tier 2 requirements commence in model year
2004, EPA is adding a new section (86.1806-04) to reflect the OBD
requirements applicable
[[Page 35795]]
to LDVs, LDTs, and MDPVs for model year 2004, including an optional
compliance provision to CARB's recent OBD II requirements.
It should be noted, for purposes of EPA's regulations (where the
vehicle is certified to federal emission standards), manufacturers
choosing the California OBD II demonstration option need not comply
with portions of that regulation pertaining to vehicles certified to
certain emission standards under California's Low Emission Vehicle
Program (LEV I or LEV II), Title 13 CCR section 1961, as those
standards are not federal emission standards. By operation of CARB's
OBD II regulations, a manufacturer's demonstration of compliance with
California OBD II, where the vehicle is certified to federal emission
standards, requires a manufacturer to correlate their malfunction
thresholds to the applicable federal emission standards, not California
standards (see 13 CCR section 1968.2(c)(19) and (20)). Additionally,
manufacturers choosing the California OBD II demonstration option need
not comply with 13 CCR section 1968.2(e)(4.2.2)(C) which requires
evaporative system leak detection monitoring down to a 0.02 inch
diameter orifice and represents a level of stringency beyond that
required for federal OBD compliance. In lieu of this requirement, EPA
will continue its current requirement as found at 40 CFR 86.005-
17(b)(4), 40 CFR 86.1806-01(b)(4) and 40 CFR 86.1806-05 (b)(4) that
requires evaporative system leak detection monitoring of a 0.040 inch
diameter orifice and is clarified by today's rulemaking. As with EPA's
current OBD regulations, manufacturers choosing the California OBD II
demonstration option need not comply with 13 CCR section 1968.2(d)(1.4)
which contains the anti-tampering provisions of the California OBD II
regulations. In today's rulemaking EPA also clarifies that
demonstration of compliance with 13 CCR 1968.2(e)(16.2.1)(C), to the
extent such provisions apply to verification of proper alignment
between the camshaft and crankshaft, only applies to vehicles equipped
with variable valve timing. The requirement in 13 CCR
1968.2(e)(16.2.1)(C) regarding circuit continuity and rationality
malfunctions is applicable to all vehicles. Also, as with EPA's current
OBD regulations, the deficiency fine provisions of 13 CCR section
1968.2(i) do not apply. Therefore, as a continuation of EPA's current
requirements, the deficiency provisions at 40 CFR 86.005-17(i),
86.1806-01(i), and 1806-05(i) remain applicable and are clarified by
today's rulemaking.
B. Inclusion of California OBD II Catalyst Monitoring Requirements in
Federal OBD Regulations When Accepting California OBD II Compliance
In EPA's rulemaking for heavy-duty engine and vehicle standards (65
FR 59896, October 6, 2000) (2004 HD Rule), EPA established new OBD
system requirements for heavy-duty vehicles and engines, including
aftertreatment monitoring requirements for all diesel-engine vehicles
weighing 14,000 pounds GVWR or less regardless of whether the
manufacturers demonstrated compliance with the Federal OBD requirements
or with California's OBD requirements. Therefore, when accepting
California OBD systems, it became necessary to exclude the particular
section in the California OBD II regulations related to catalyst
monitoring (Title 13, California Code of Regulations (CCR)
1968.1(b)(1.1.2)) because this regulation did not include requirements
for aftertreatment of diesel-engines or complete vehicles. In
California's recent OBD II revisions as described in CARB Mail-Out MSCD
02-11 (internet posting date October 7, 2002) and Attachment
II, Modifications to Malfunction and Diagnostic System Requirements for
2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and
Medium-Duty Vehicles and Engines (OBD II), Section 1968.2, Title 13,
California Code of Regulations, provisions for aftertreatment
monitoring on all diesel-engine vehicles weighing 14,000 pounds GVWR or
less are included. As a result, it is no longer necessary to exclude
Title 13, CCR 1968.1(b)(1.1.2) related to aftertreatment monitoring
requirements when accepting California OBD II compliance. Thus, today's
action removes the language requiring compliance with the federal
aftertreatment requirements if demonstrating optional compliance with
California's OBD requirements.
C. Technical Amendment to the Optional Chassis Certification
Requirements for Heavy-duty (HD) Less Than 14,000 Pounds GVWR
In another final rule that revised EPA's heavy duty engine and
vehicle standards and highway diesel fuel sulfur requirements beginning
in the 2007 model year (66 FR 5002, January 18, 2001) (2007 HD Rule),
we provided an option for manufacturers of HD diesel vehicles weighing
14,000 pounds GVWR or less to chassis certify to the HD vehicle
standards (40 CFR Subpart S, 86.1863-07 for chassis certification). In
Sec. 86.1863-07(b), we state that diesel vehicles certified under this
chassis certification option are subject to the OBD requirements of 40
CFR 86.005-17, which is the section in subpart A containing the OBD
requirements for engines. However, for chassis certification, we should
have referenced 40 CFR 86.1806-05 of subpart S, which contains the
chassis OBD requirements. This correction is consistent with the
Agency's original intent as expressed in the preamble to the 2007 HD
Rule at 66 FR 5002, at 5043. Therefore, today's action revises the
language in 40 CFR 86.1863-07 (b) for optional chassis certification of
diesel engines such that chassis OBD requirements in 40 CFR 86.1806-05
of subpart S are referenced.
D. Applicability
Today's revisions to: update the acceptable version of the
California OBD II regulations; include California OBD II catalyst
monitoring requirements when accepting CARB OBD II compliance, update
the incorporation by reference of standardized practices developed by
the Society of Automotive Engineers (SAE) and the International
Organization for Standardization (ISO); incorporate by reference a new
standardized protocol developed by the International Organization for
Standardization (ISO) and establish a future date by which this
protocol will be the only acceptable protocol; and amend the optional
chassis certification requirements for heavy-duty (HD) vehicle weighing
14,000 pounds GVWR or less, apply to all 2004 and later model year
light-duty vehicles, light-duty trucks, medium duty passenger vehicles,
heavy-duty vehicles and otto-cycle engines intended for vehicles
weighing less than 14,000 pounds GVWR where the manufacturer chooses to
comply with Option 1 or 2 according to 40 CFR 86.005-01(c)(1) or
(c)(2), and all 2005 and later model year heavy-duty diesel engines
intended for vehicles weighing less than 14,000 pounds GVWR subject to
the phase-in schedule for heavy-duty vehicles and engine OBD compliance
in 40 CFR 86.005-17(k) and 86.1806-05(l).
E. Update of Materials Incorporated by Reference
Today's action includes the adoption of ISO 15765-4.3 (December 14,
2001): ``Road Vehicles--Diagnostics on Controller Area Network (CAN)--
Part 4: Requirements for emission-related systems,'' as an acceptable
protocol for standardized on-board to off-board communications and is
incorporated by reference in today's regulatory language. This
standardized procedure contains a more up-to-date communication
protocol than that contained in SAE
[[Page 35796]]
J1850/ISO 9141-2 and ISO 14230-4 which will remain referenced in the
table at 40 CFR 86.1(b)(5). By today's action EPA is clarifying that
ISO 14230-4 is acceptable for vehicles being certified today as well as
vehicles certified through the 2007 model year. Adoption of ISO 15765-
4.3 is also acceptable, in addition to ISO 14230-4, to all 2004 and
later model year light-duty vehicles, light-duty trucks, medium duty
passenger vehicles, heavy-duty vehicles and otto-cycle engines intended
for vehicles weighing less than 14,000 pounds GVWR where the
manufacturer chooses to comply with Option 1 or 2 according to 40 CFR
86.005-01(c)(1) or (c)(2), and all 2005 and later model year heavy-duty
diesel engines intended for vehicles weighing less than 14,000 pounds
GVWR. Beginning in the 2008 and later model year, ISO 15765-4.3 will be
the only acceptable protocol used for standardized on-board to off-
board communications. Thus a new entry is added to the table at Sec.
86.1(b)(5) for ISO 15765-4.3 and is incorporated by reference into
Sec. Sec. 86.005-17, 86.1806-04, and 86.1806-05 and ISO 14230-4
contains new part 86 regulatory references (Sec. Sec. 86.1806-01 and
86.1806-04) incorporated by reference.
Today's action also updates the incorporation by reference of
several SAE standardized practices. Specifically, procedures J1850,
J1962, J1979, and J2012. The existing references to these four SAE
procedures within the table at Sec. 86.1(b)(2) remain in effect along
with the other SAE procedures already referenced in the table. The four
SAE procedures noted here have been updated and thus shall apply
beginning in model year 2004. Thus new entries are added to incorporate
the updated J1850, J1962, J1979, and J2012 and are incorporated by
reference into Sec. Sec. 86.005-17, 86.1806-04, and 86.1806-05. In
addition, today's action also incorporates SAE J1930 and SAEJ1978 into
the table found in Sec. 86.1(b)(2). These new SAE procedures are
incorporated by reference into Sec. Sec. 86.005-17, 86.1806-04, and
86.1806-05. Lastly, the references to SAE J1939-11, J1939-13, J1939-21,
J1939-71, J1931-73, and J1931-81 are modified to reflect that such
procedures are applicable to all 2004 and later model year light-duty
vehicles, light-duty trucks and medium-duty passenger vehicles and thus
incorporate by reference the new regulatory provision at Sec. 86.1806-
04.
IV. Cost Effectiveness
This rulemaking alters an existing provision by allowing optional
compliance with the most recently ``revised'' California OBD II
requirements for the purposes of demonstrating compliance with federal
OBD requirements. EPA believes that today's regulation will provide
cost savings by eliminating the need to incur significant recalibration
and/or retesting costs and efforts associated with having two sets of
OBD regulations with which to comply. Because this rulemaking alters an
existing provision that provides regulatory relief by means of optional
compliance methods, and since most of the industry currently complies
with the California OBD II requirements under our provisions for
optional compliance and because industry may thus minimize resource
requirements, EPA believes that continued cost savings will be
achieved. No adverse environmental consequences are anticipated as EPA
expects manufacturers with vehicles complying with the new California
OBD II requirements, and which also seek anything but a California-only
federal certificate, will have OBD systems calibrated to federal Tier 2
standards and thus will be as environmentally protective as systems
calibrated to federal Tier 1 standards.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency
is required to determine whether this regulatory action would be
``significant'' and therefore subject to review by the Office of
Management and Budget (OMB) and the requirements of the Executive
Order. The Order defines a ``significant regulatory action'' as any
regulatory action that is likely to result in a rule that may: (1) Have
an annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or state, local, or tribal governments or communities; (2)
Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) Materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or, (4) Raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
Pursuant to the terms of Executive Order 12866, we have determined
that this final rule is not a ``significant regulatory action.''
B. Paperwork Reduction Act
Today's action does not impose any new information collection
burden. The modifications noted above do not change the information
collection requirements submitted to and approved by OMB in association
with the OBD final rulemakings (58 FR 9468, February 19, 1993; and 59
FR 38372, July 28, 1994).
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this direct final rule. After
considering the economic impacts of today's direct final rule on small
entities, EPA has determined that this action will not have a
significant economic impact on a substantial number of small entities.
For purposes of assessing the impacts of today's direct final rule
on small entities, small entity is defined as: (1) Those businesses
meeting the definition provided by the Small Business Administration
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
This rulemaking will provide regulatory relief to both large and
small volume automobile and heavy-duty vehicle and engine manufacturers
by maintaining consistency with California OBDII requirements. This
rulemaking will not have a significant impact on businesses that
manufacture, rebuild, distribute, or sell automotive parts, nor those
involved in automotive service and repair, as the revisions affect only
requirements on automobile and heavy-duty truck and engine
manufacturers. See United Distribution Companies v. FERC, 88 F. 3rd
1005, 1170 (D.C. Cir. 1996). Most manufacturers have thus far chosen to
reduce their costs by producing vehicle OBD systems to California
specifications, thereby avoiding the necessity of developing
significantly different OBD calibrations meeting the existing federal
specifications for the non-California markets. Today's continuation of
the optional compliance option to California's OBDII requirements
continues this cost reduction.
[[Page 35797]]
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments, and the private sector. Under section 202 of the UMRA, we
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more for
any single year. Before promulgating a rule for which a written
statement is needed, section 205 of the UMRA generally requires us to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows us to adopt an alternative that is
not the least costly, most cost-effective, or least burdensome
alternative if we provide an explanation in the final rule of why such
an alternative was adopted.
Before we establish any regulatory requirement that may
significantly or uniquely affect small governments, including tribal
governments, we must develop a small government plan pursuant to
section 203 of the UMRA. Such a plan must provide for notifying
potentially affected small governments, and enabling officials of
affected small governments to have meaningful and timely input in the
development of our regulatory proposals with significant federal
intergovernmental mandates. The plan must also provide for informing,
educating, and advising small governments on compliance with the
regulatory requirements.
This rule contains no federal mandates for state, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule will significantly or uniquely affect
small governments.
We have determined that this rule does not contain a federal
mandate that may result in estimated expenditures of more than $100
million to the private sector in any single year.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires us to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government.
Under Section 6 of Executive Order 13132, we may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by state and local governments, or we consult
with state and local officials early in the process of developing the
proposed regulation. We also may not issue a regulation that has
federalism implications and that preempts state law, unless the Agency
consults with state and local officials early in the process of
developing the proposed regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt state or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected state and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, we also must consult, to the
extent practicable, with appropriate state and local officials
regarding the conflict between state law and federally protected
interests within the Agency's area of regulatory responsibility.
This rule does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This proposed rule updates
provisions of an earlier rule that adopted national standards relating
to OBD systems and the ability of manufacturers to demonstrate federal
compliance based on demonstration of compliance with California OBD II
regulations. The requirements of the rule will be enforced by the
federal government at the national level. Thus, the requirements of
Section 6 of the Executive Order do not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. Today's
rule does not uniquely affect the communities of American Indian tribal
governments since the motor vehicle emission control system
requirements in today's rule will have national applicability.
Furthermore, today's rule does not impose any direct compliance costs
on these communities and no circumstances specific to such communities
exist that will cause an impact on these communities beyond those
discussed in the other sections of today's document.
This rule does not significantly or uniquely affect the communities
of Indian tribal governments. As noted above, this rule will be
implemented at the federal level and imposes compliance obligations on
private industry. Accordingly, the requirements of Executive Order
13084 do not apply to this rule.
G. Executive Order 13045: Protection of Children and Environmental
Health & Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that we have reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, section 5-501 of the Executive Order directs us to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by us.
This rule is not subject to the Executive Order because it is not
an economically significant regulatory action as defined by Executive
Order 12866. Furthermore, this rule does not
[[Page 35798]]
concern an environmental health or safety risk that we have reason to
believe may have a disproportionate effect on children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Section 12(d) of Public Law 104-113, directs us to
use voluntary consensus standards in our regulatory activities unless
it would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) developed or adopted by voluntary consensus standards
bodies. The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards.
This rule references technical standards adopted by us through
previous rulemakings. No new technical standards are established in
today's rule.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to Congress and the comptroller General of the United
States. We will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A Major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective August 18, 2003.
Statutory and Legal Authority
Statutory authority for today's final rule comes from the Clean Air
Act, 42 U.S.C. 7401 et seq., in particular, section 202(m) of the Act
(42 U.S.C. 7521(m)).
List of Subjects in 40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Incorporation by reference, Motor vehicle pollution, On-board
diagnostics
Dated: April 25, 2003.
Christine Todd Whitman,
Administrator.
0
For the reasons set out in the preamble, part 86 of title 40 chapter I
of the Code of Federal Regulations is amended as follows:
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
0
1. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
2. Section 86.1 is amended as follows:
0
a. In the table to paragraph (b)(2) by adding the following entries to
the end of the table.
0
b. In paragraph (b)(5) by revising the table.
The revisions and additions read as follows:
Sec. 86.1 Reference materials.
* * * * *
(b) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
----------------------------------------------------------------------------------------------------------------
* * * * * * * * * *
SAE J1850, Class B Data Communication Network Interface. 86.005-17; 86.1806-04; 86.1806-05
(Revised, May 2001).
SAE J1930, Electrical/Electronic Systems Diagnostic Terms, 86.005-17; 86.1806-04; 86.1806-05
Definitions, Abbreviations, and Acronyms--Equivalent to
ISO/TR 15031-2: April 30, 2002. (Revised, April 2002).
SAE J1939-11, Physical Layer--250K bits/s, Shielded Twisted 86.005-17; 86.1806-04; 86.1806-05
Pair. (Revised, October 1999).
SAE J1939-13, Off-Board Diagnostic Connector. (July 1999).. 86.005-17; 86.1806-04; 86.1806-05
SAE J1939-21, Data Link Layer. (Revised, April 2001)....... 86.005-17; 86.1806-04; 86.1806-05
SAE J1939-31, Network Layer. (Revised, December 1997)...... 86.005-17; 86.1806-04; 86.1806-05
SAE J1939-71, Vehicle Application Layer--J1939-71 (through 86.005-17; 86.1806-04; 86.1806-05
1999). (Revised, August 2002).
SAE J1939-73, Application Layer-Diagnostics. (Revised, June 86.005-17; 86.1806-04; 86.1806-05
2001).
SAE J1939-81, Recommended Practice for Serial Control and 86.005-17; 86.1806-04; --86.1806-05
Communications Vehicle Network Part 81--Network
Management. (July 1997).
SAE J1962, Diagnostic Connector--Equivalent to ISO/DIS 86.005-17;86.1806-04; 86.1806-05
15031-3:December 14, 2001. (Revised, April 2002).
SAE J1978, OBD II Scan Tool--Equivalent to ISO/DIS 15031-4; 86.005-17;86.1806-04; 86.1806-05
December 14, 2001. (Revised, April 2002).
SAE J1979, E/E Diagnostic Test Modes--Equivalent to ISO/DIS 86.099-17;86.005-17; 86.1806-01; 86.1806-04;
15031-5: April 30, 2002. (Revised, April 2002). 86.1806-05
SAE J2012, Diagnostic Trouble Code Definitions--Equivalent 86.005-17; 86.1806-04; 86.1806-05
to ISO/DIS 15031-6: April 30, 2002. (Revised, April 2002,).
----------------------------------------------------------------------------------------------------------------
* * * * *
(5) * * *
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
ISO 9141-2, February 1, 1994, 86.099-17; 86.1806-01; 86.1806-04;
Road vehicles--Diagnostic 86.005-17; 86.1806-05
systems--Part 2: CARB
requirements for interchange of
digital information.
ISO 14230-4:2000(E) ``Road 86.099-17; 86.1806-01; 86.1806-04;
vehicles--Diagnostic systems-- 86.005-17; 86.1806-05
KWP 2000 requirements for
Emission-related systems'',
(June 1, 2000).
[[Page 35799]]
ISO 15765-4.3:2001, December 14, 86.005-17; 86.1806-04; 86.1806-05
2001, Road Vehicles--Diagnostics
on Controller Area Network
(CAN)--Part 4: Requirements for
emission-related systems.
------------------------------------------------------------------------
0
3. Section 86.005-17 is amended by revising paragraphs (h) and (j) to
read as follows:
Sec. 86.005-17 On-board diagnostics.
* * * * *
(h) Reference materials. The OBD system shall provide for
standardized access and conform with the following Society of
Automotive Engineers (SAE) standards and/or the following International
Standards Organization (ISO) standards. The following documents are
incorporated by reference, see Sec. 86.1:
(1) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers, Inc., 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
(i) SAE J1850 ``Class B Data Communication Network Interface,''
(Revised, May 2001) shall be used as the on-board to off-board
communications protocol. All emission related messages sent to the scan
tool over a J1850 data link shall use the Cyclic Redundancy Check and
the three byte header, and shall not use inter-byte separation or check
sums.
(ii) Basic diagnostic data (as specified in Sec. 86.094-17(e) and
(f)) shall be provided in the format and units in SAE J1979 ``E/E
Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5: April 30, 2002'',
(Revised, April 2002).
(iii) Diagnostic trouble codes shall be consistent with SAE J2012
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-6:
April 30, 2002'', (Revised, April 2002).
(iv) The connection interface between the OBD system and test
equipment and diagnostic tools shall meet the functional requirements
of SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-3:
December 14, 2001'' (Revised, April 2002).
(v) All acronyms, definitions and abbreviations shall be formatted
according to SAE J1930 ``Electrical/Electronic Systems Diagnostic
Terms, Definitions, Abbreviations, and Acronyms'' Equivalent to ISO/TR
15031-2: April 30, 2002'', (Revised, April 2002).
(vi) All equipment used to interface, extract and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool''
Equivalent to ISO 15031-4: December 14, 2001'', (Revised, April 2002).
(vii) As an alternative to the above standards, heavy-duty vehicles
may conform to the specifications of the SAE J1939 series of standards
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81).
(2) ISO materials. Copies of these materials may be obtained from
the International Organization for Standardization, Case Postale 56,
CH-1211 Geneva 20, Switzerland.
(i) ISO 9141-2 ``Road vehicles--Diagnostic systems--Part 2: CARB
requirements for interchange of digital information,'' (February 1,
1994) may be used as an alternative to SAE J1850 as the on-board to
off-board communications protocol.
(ii) ISO 14230-4:2000(E) ``Road vehicles--Diagnostic systems--KWP
2000 requirements for Emission-related systems'', (June 1, 2000) may
also be used as an alternative to SAE J1850.
(iii) ISO 15765-4.3:2001 ``Road Vehicles-Diagnostics on Controller
Area Network (CAN)--Part 4: Requirements for emission-related
systems'', (December 14, 2001) may also be used as an alternative to
SAE J1850.
(3) Beginning with the 2008 model year and beyond, ISO 15765-
4.3:2001 ``Road Vehicles-Diagnostics on Controller Area Network (CAN)--
Part 4: Requirements for emission-related systems'', (December 14,
2001) shall be the only acceptable protocol used for standardized on-
board to off-board communications. At this time, all other standardized
on-board to off-board communications protocols: SAE J1850 ``Class B
Data Communication Network Interface,'' (Revised, May 2001) in
paragraph (h)(1)(i) of this section, ISO 9141-2 ``Road vehicles--
Diagnostic systems--Part 2: CARB requirements for interchange of
digital information,'' (February 1, 1994) in paragraph (h)(2)(i) of
this section, and ISO 14230-4 ``Road vehicles--Diagnostic systems--KWP
2000 requirements for Emission-related systems'', (June 1, 2000) in
paragraph (h)(2)(ii) of this section will no longer be accepted.
* * * * *
(j) California OBDII compliance option. For heavy-duty engines
weighing 14,000 pounds GVWR or less, demonstration of compliance with
California OBD II requirements (Title 13 California Code of Regulations
Sec. 1968.2 (13 CCR 1968.2)), as modified pursuant to CARB Mail-Out
MSCD 02-11 (internet posting date October 7, 2002), shall
satisfy the requirements of this section, except that compliance with
13 CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. The deficiency provisions of paragraph (i) of this section and
the evaporative leak detection requirement of paragraph (b)(4) of this
section apply to manufacturers selecting this paragraph for
demonstrating compliance. In addition, demonstration of compliance with
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the
verification of proper alignment between the camshaft and crankshaft,
applies only to vehicles equipped with variable valve timing.
* * * * *
0
4. A new Sec. 86.1806-04 is added to subpart S to read as follows:
Sec. 86.1806-04 On-board diagnostics.
This Sec. 86.1806-04 includes text that specifies requirements
that differ from Sec. 86.1806-01. Where a paragraph in Sec. 86.1806-
01 is identical and applicable to Sec. 86.1806-04 this may be
indicated by specifying the corresponding paragraph and the statement
``[Reserved]. For guidance see Sec. 86.1806-01.''
(a)-(g). [Reserved]. For guidance see Sec. 86.1806-01.
(h) Reference materials. The OBD system shall provide for
standardized access and conform with the following Society of
Automotive Engineers (SAE) standards and/or the following International
Standards Organization (ISO) standards. The following documents are
incorporated by reference, see Sec. 86.1:
(1) SAE material. (i) SAE J1850 ``Class B Data Communication
Network Interface,'' (Revised, May 2001) shall be used as the on-board
to off-board communications protocol. All emission related messages
sent to the scan tool over a J1850 data link shall use the Cyclic
Redundancy Check and the three byte header, and shall not use inter-
byte separation or checksums.
(ii) Basic diagnostic data (as specified in Sec. Sec. 86.094-17(e)
and (f)) shall be provided in the format and units in SAE
[[Page 35800]]
J1979 ``E/E Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5:April
30, 2002'', (Revised, April 2002).
(iii) Diagnostic trouble codes shall be consistent with SAE J2012
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-
6:April 30, 2002'', (Revised, April 2002).
(iv) The connection interface between the OBD system and test
equipment and diagnostic tools shall meet the functional requirements
of SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-
3:December 14, 2001'' (Revised, April 2002).
(v) All acronyms, definitions and abbreviations shall be formatted
according to SAE J1930 ``Electrical/Electronic Systems Diagnostic
Terms, Definitions, Abbreviations, and Acronyms'' Equivalent to ISO/TR
15031-2:April 30, 2002'', (Revised, April 2002).
(vi) All equipment used to interface, extract and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool''
Equivalent to ISO 15031-4:December 14, 2001'', (Revised, April 2002).
(vii) As an alternative to the above standards, heavy-duty vehicles
may conform to the specifications of the SAE J1939 series of standards
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81).
(2) ISO materials. Copies of these materials may be obtained from
the International Organization for Standardization, Case Postale 56,
CH-1211 Geneva 20, Switzerland.
(i) ISO 9141-2 ``Road vehicles--Diagnostic systems--Part 2: CARB
requirements for interchange of digital information,'' (February 1,
1994) may be used as an alternative to SAE J1850 as the on-board to
off-board communications protocol.
(ii) ISO 14230-4:2000(E) ``Road vehicles--Diagnostic systems--KWP
2000 requirements for Emission-related systems'', (June 1, 2000) may
also be used as an alternative to SAE J1850.
(iii) ISO 15765-4.3:2001 ``Road Vehicles-Diagnostics on Controller
Area Network (CAN)--Part 4: Requirements for emission-related
systems'', (December 14, 2001) may also be used as an alternative to
SAE J1850.
(i) [Reserved]. For guidance see Sec. 86.1806-01.
(j) California OBDII compliance option. For light-duty vehicles and
light-duty trucks, demonstration of compliance with California OBD II
requirements (Title 13 California Code Sec. 1968.2 (13 CCR 1968.2)),
as modified pursuant to CARB Mail-Out MSCD 02-11 (internet
posting date October 7, 2002), shall satisfy the requirements of this
section, except that compliance with 13 CCR 1968.2(e)(4.2.2)(C),
pertaining to 0.02 inch evaporative leak detection, and 13 CCR
1968.2(d)(1.4), pertaining to tampering protection, are not required to
satisfy the requirements of this section. Also, the deficiency fine
provisions of 13 CCR 1968.2(i) does not apply. The deficiency
provisions of paragraph (i) of this section and the evaporative leak
detection requirement of paragraph (b)(4) of this section apply to
manufacturers selecting this paragraph for demonstrating compliance. In
addition, demonstration of compliance with 13 CCR 1968.2(e)(16.2.1)(C),
to the extent it applies to the verification of proper alignment
between the camshaft and crankshaft, applies only to vehicles equipped
with variable valve timing.
(k) [Reserved]. For guidance see Sec. 86.1806-01.
0
5. Section 86.1806-05 is amended by revising paragraphs (h) and (J) to
read as follows:
Sec. 86.1806-05 On-board diagnostics.
* * * * *
(h) Reference materials. The OBD system shall provide for
standardized access and conform with the following Society of
Automotive Engineers (SAE) standards and/or the following International
Standards Organization (ISO) standards. The following documents are
incorporated by reference, see Sec. 86.1:
(1) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers, Inc., 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
(i) SAE J1850 ``Class B Data Communication Network Interface,''
(Revised, May 2001) shall be used as the on-board to off-board
communications protocol. All emission related messages sent to the scan
tool over a J1850 data link shall use the Cyclic Redundancy Check and
the three byte header, and shall not use inter-byte separation or
checksums.
(ii) Basic diagnostic data (as specified in Sec. Sec. 86.094-17(e)
and (f)) shall be provided in the format and units in SAE J1979 ``E/E
Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5:April 30, 2002'',
(Revised, April 2002).
(iii) Diagnostic trouble codes shall be consistent with SAE J2012
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-6:
April 30, 2002'', (Revised, April 2002).
(iv) The connection interface between the OBD system and test
equipment and diagnostic tools shall meet the functional requirements
of SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-
3:December 14, 2001'' (Revised, April 2002).
(v) All acronyms, definitions and abbreviations shall be formatted
according to SAE J1930 ``Electrical/Electronic Systems Diagnostic
Terms, Definitions, Abbreviations, and Acronym'' Equivalent to ISO/TR
15031-2:April 30, 2002'', (Revised, April 2002).
(vi) All equipment used to interface, extract and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool''
Equivalent to ISO 15031-4:December 14, 2001'', (Revised, April 2002).
(vii) As an alternative to the above standards, heavy-duty vehicles
may conform to the specifications of the SAE J1939 series of standards
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81).
(2) ISO materials. Copies of these materials may be obtained from
the International Organization for Standardization, Case Postale 56,
CH-1211 Geneva 20, Switzerland.
(i) ISO 9141-2 ``Road vehicles--Diagnostic systems--Part 2: CARB
requirements for interchange of digital information,'' (February 1,
1994) may be used as an alternative to SAE J1850 as the on-board to
off-board communications protocol.
(ii) ISO 14230-4:2000(E) ``Road vehicles--Diagnostic systems--KWP
2000 requirements for Emission-related systems'', (June 1, 2000) may
also be used as an alternative to SAE J1850.
(iii) ISO 15765-4.3:2001 ``Road Vehicles-Diagnostics on Controller
Area Network (CAN)--Part 4: Requirements for emission-related
systems'', (December 14, 2001) may also be used as an alternative to
SAE J1850.
(3) Beginning with the 2008 model year and beyond, ISO 15765-
4.3:2001 ``Road Vehicles-Diagnostics on Controller Area Network (CAN)--
Part 4: Requirements for emission-related systems'', (December 14,
2001) will be the only shall be the only acceptable protocol used for
standardized on-board to off-board communications. At this time, all
other standardized on-board to off-board communications protocols: SAE
J1850 ``Class B Data Communication Network Interface,'' (Revised, May
2001) in paragraph (h)(1)(i), ISO 9141-2 ``Road vehicles--Diagnostic
systems--Part 2: CARB requirements for interchange of digital
information,'' (February 1, 1994) in (h)(2)(i), and ISO 14230-4 ``Road
vehicles--Diagnostic systems--KWP 2000 requirements for Emission-
related systems'', (June 1, 2000) in paragraph (h)(2)(ii) of this
section will no longer be accepted
* * * * *
[[Page 35801]]
(j) California OBDII compliance option. For light-duty vehicles,
light-duty trucks, and heavy-duty vehicles weighing 14,000 pounds GVWR
or less, demonstration of compliance with California OBD II
requirements (Title 13 California Code Sec. 1968.2 (13 CCR 1968.2)),
as modified pursuant to CARB Mail-Out MSCD 02-11 (internet
posting date October 7, 2002), shall satisfy the requirements of this
section, except that compliance with 13 CCR 1968.2(e)(4.2.2)(C),
pertaining to 0.02 inch evaporative leak detection, and 13 CCR
1968.2(d)(1.4), pertaining to tampering protection, are not required to
satisfy the requirements of this section. Also, the deficiency fine
provisions of 13 CCR 1968.2(i) does not apply. The deficiency
provisions of paragraph (i) of this section and the evaporative leak
detection requirement of paragraph (b)(4) of this section apply to
manufacturers selecting this paragraph for demonstrating compliance. In
addition, demonstration of compliance with 13 CCR 1968.2(e)(16.2.1)(C),
to the extent it applies to the verification of proper alignment
between the camshaft and crankshaft, applies only to vehicles equipped
with variable valve timing.
* * * * *
0
6. Section 86.1863-07 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 86.1863-07 Optional chassis certification for diesel vehicles.
(a) A manufacturer may optionally certify heavy-duty diesel
vehicles weighing 14,000 pounds GVWR or less, to the standards
specified in Sec. 86.1816-08. Such vehicles must meet all requirements
of Subpart S of this part that are applicable to Otto-cycle vehicles,
except for evaporative, refueling, and OBD requirements where the
diesel specific OBD requirements would apply.
(b) For OBD, diesel vehicles optionally certified under this
section are subject to the OBD requirements of Sec. 86.1806-05.
* * * * *
[FR Doc. 03-14569 Filed 6-16-03; 8:45 am]
BILLING CODE 6560-50-P