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Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on 2010 and Later Heavy-Duty Engines Used in Highway Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel Highway Heavy-Duty Vehicles Under 14,000 Pounds

 [Federal Register: January 24, 2007 (Volume 72, Number 15)]
[Proposed Rules]
[Page 3299-3344]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja07-32]

[[pp. 3299-3344]]
Control of Air Pollution From New Motor Vehicles and New Motor
Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on
2010 and Later Heavy-Duty Engines Used in Highway Applications Over
14,000 Pounds; Revisions to Onboard Diagnostic Requirements f[[Page 3299]]

[[Continued from page 3298]]

[[Page 3299]]

the point that would cause an engine's NOX emissions to
exceed the emissions thresholds for NOX aftertreatment
systems as shown in Table 1 of this paragraph (g). If no failure or
deterioration of the NOX adsorber capability could result in
an engine's NOX emissions exceeding the applicable emissions
thresholds, the OBD system must detect a malfunction when the system
has no detectable amount of NOX adsorber capability.
    (B) NOX adsorber system active/intrusive reductant
delivery performance. For NOX adsorber systems that use
active/intrusive injection (e.g., in-cylinder post fuel injection, in-
exhaust air-assisted fuel injection) to achieve desorption of the
NOX adsorber, the OBD system must detect a malfunction if
any failure or deterioration of the injection system's ability to
properly regulate injection causes the system to be unable to achieve
desorption of the NOX adsorber.
    (C) NOX adsorber system feedback control. Malfunction
criteria for the NOX adsorber and the NOX
adsorber active/instrusive reductant delivery system are contained in
paragraph (i)(6)of this section.
    (iii) NOX adsorber system monitoring conditions.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (g)(7)(ii)(A) of this section in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required in paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(g)(7)(ii)(A) of this section must be tracked separately but reported
as a single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (B) The OBD system must monitor continuously for malfunctions
identified in paragraphs (g)(7)(ii)(B) and (g)(7)(ii)(C) of this section.
    (iv) NOX adsorber system MIL activation and DTC storage.
The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (8) Diesel particulate filter (DPF) system monitoring.
    (i) General. The OBD system must monitor the DPF on engines so-
equipped for proper performance. For engines equipped with active
regeneration systems that use an active/intrusive injection (e.g., in-
exhaust fuel injection, in-exhaust fuel/air burner), the OBD system
must monitor the active/intrusive injection system for proper
performance. The individual electronic components (e.g., injectors,
valves, sensors) that are used in the active/intrusive injection system
must be monitored in accordance with the comprehensive component
requirements in paragraph (i)(3) of this section.
    (ii) DPF system malfunction criteria.
    (A) DPF filtering performance. The OBD system must detect a
malfunction prior to a decrease in the PM filtering capability of the
DPF (e.g., cracking, melting, etc.) that would cause an engine's PM
emissions to exceed the emissions thresholds for DPF systems as shown
in Table 1 of this paragraph (g). If no failure or deterioration of the
PM filtering performance could result in an engine's PM emissions
exceeding the applicable emissions thresholds, the OBD system must
detect a malfunction when no detectable amount of PM filtering occurs.
    (B) DPF regeneration frequency. The OBD system must detect a
malfunction when the DPF regeneration frequency increases from (i.e.,
occurs more often than) the manufacturer's specified regeneration
frequency to a level such that it would cause an engine's NMHC
emissions to exceed the emissions threshold for DPF systems as shown in
Table 1 of this paragraph (g). If no such regeneration frequency exists
that could cause NMHC emissions to exceed the applicable emission
threshold, the OBD system must detect a malfunction when the DPF
regeneration frequency exceeds the manufacturer's specified design
limits for allowable regeneration frequency.
    (C) DPF incomplete regeneration. The OBD system must detect a
regeneration malfunction when the DPF does not properly regenerate
under manufacturer-defined conditions where regeneration is designed to
occur.
    (D) DPF NMHC conversion. For any DPF that serves to convert NMHC
emissions, the OBD system must detect a malfunction when the NMHC
conversion capability decreases to the point that NMHC emissions exceed
the emissions threshold for DPF systems as shown in Table 1 of this
paragraph (g). If no failure or deterioration of the NMHC conversion
capability could result in NMHC emissions exceeding the applicable
threshold, the OBD system must detect a malfunction when the system has
no detectable amount of NMHC conversion capability.
    (E) DPF missing substrate. The OBD system must detect a malfunction
if either the DPF substrate is completely destroyed, removed, or
missing, or if the DPF assembly has been replaced with a muffler or
straight pipe.
    (F) DPF system active/intrusive injection. For DPF systems that use
active/intrusive injection (e.g., in-cylinder post fuel injection, in-
exhaust air-assisted fuel injection) to achieve regeneration of the
DPF, the OBD system must detect a malfunction if any failure or
deterioration of the injection system's ability to properly regulate
injection causes the system to be unable to achieve regeneration of the DPF.
    (G) DPF regeneration feedback control. See paragraph (i)(6) of this
section.
    (iii) DPF monitoring conditions. The manufacturer must define the
monitoring conditions for malfunctions identified in paragraph
(g)(8)(ii) of this section in accordance with paragraphs (c) and (d) of
this section, with the exception that monitoring must occur every time
the monitoring conditions are met during the drive cycle rather than
once per drive cycle as required in paragraph (c)(2) of this section.
For purposes of tracking and reporting as required in paragraph (d)(1)
of this section, all monitors used to detect malfunctions identified in
paragraph (g)(8)(ii) of this section must be tracked separately but
reported as a single set of values as specified in paragraph
(e)(1)(iii) of this section.
    (iv) DPF system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (9) Exhaust gas sensor and sensor heater monitoring.
    (i) General. The OBD system must monitor for proper output signal,
activity, response rate, and any other parameter that can affect
emissions, all exhaust gas sensors (e.g., oxygen, air-fuel ratio,
NOX) used for emission control system feedback (e.g., EGR
control/feedback, SCR control/feedback, NOX adsorber
control/feedback) and/or as a monitoring device. For engines equipped
with heated exhaust gas sensors, the OBD system must monitor the heater
for proper performance.
    (ii) Malfunction criteria for air-fuel ratio sensors located
upstream of aftertreatment devices.
    (A) Sensor performance. The OBD system must detect a malfunction
prior to any failure or deterioration of the sensor voltage,
resistance, impedance, current, response rate, amplitude, offset, or
other characteristic(s) that would cause an engine's emissions to
exceed the emissions thresholds for ``other monitors'' as shown in
Table 1 of this paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of
the sensor related to a lack of circuit continuity or signal out-of-
range values.
    (C) Feedback function. The OBD system must detect a malfunction of the

[[Page 3300]]

sensor if the emission control system (e.g., EGR, SCR, or
NOX adsorber) is unable to use that sensor as a feedback
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system
must detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other
characteristics are no longer sufficient for use as an OBD system
monitoring device (e.g., for catalyst, EGR, SCR, or NOX
adsorber monitoring).
    (iii) Malfunction criteria for air-fuel ratio sensors located
downstream of aftertreatment devices.
    (A) Sensor performance. The OBD system must detect a malfunction
prior to any failure or deterioration of the sensor voltage,
resistance, impedance, current, response rate, amplitude, offset, or
other characteristic(s) that would cause an engine's emissions to
exceed the emissions thresholds for air-fuel ratio sensors downstream
of aftertreatment devices as shown in Table 1 of this paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of
the sensor related to a lack of circuit continuity or signal out-of-
range values.
    (C) Feedback function. The OBD system must detect a malfunction of
the sensor if the emission control system (e.g., EGR, SCR, or
NOX adsorber) is unable to use that sensor as a feedback
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system
must detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other
characteristics are no longer sufficient for use as an OBD system
monitoring device (e.g., for catalyst, EGR, SCR, or NOX
adsorber monitoring).
    (iv) Malfunction criteria for NOX sensors.
    (A) Sensor performance. The OBD system must detect a malfunction
prior to any failure or deterioration of the sensor voltage,
resistance, impedance, current, response rate, amplitude, offset, or
other characteristic(s) that would cause an engine's emissions to
exceed the emissions thresholds for NOX sensors as shown in
Table 1 of this paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of
the sensor related to a lack of circuit continuity or signal out-of-
range values.
     (C) Feedback function.The OBD system must detect a malfunction of
the sensor if the emission control system (e.g., EGR, SCR, or
NOX adsorber) is unable to use that sensor as a feedback
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system
must detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other
characteristics are no longer sufficient for use as an OBD system
monitoring device (e.g., for catalyst, EGR, SCR, or NOX
adsorber monitoring).
    (v) Malfunction criteria for other exhaust gas sensors. For other
exhaust gas sensors, the manufacturer must submit a monitoring plan to
the Administrator for approval. The plan must include data and/or
engineering evaluations that demonstrate that the monitoring plan is as
reliable and effective as the monitoring required in paragraphs
(g)(9)(ii) through (g)(9)(iv) of this section.
    (vi) Malfunction criteria for exhaust gas sensor heaters.
    (A) The OBD system must detect a malfunction of the heater
performance when the current or voltage drop in the heater circuit is
no longer within the manufacturer's specified limits for normal
operation (i.e., within the criteria required to be met by the
component vendor for heater circuit performance at high mileage). The
manufacturer may use other malfunction criteria for heater performance
malfunctions. To do so, the manufacturer must be able to demonstrate
via data and/or an engineering evaluation that the monitor is reliable
and robust.
    (B) The OBD system must detect malfunctions of the heater circuit
including open or short circuits that conflict with the commanded state
of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground)).
    (vii) Monitoring conditions for exhaust gas sensors.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A),
and (g)(9)(iv)(A) of this section (i.e., sensor performance) in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required in paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraphs
(g)(9)(ii)(A), (g)(9)(iii)(A), and (g)(9)(iv)(A) of this section must
be tracked separately but reported as a single set of values as
specified in paragraph (e)(1)(iii) of this section.
    (B) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraphs (g)(9)(ii)(D), (g)(9)(iii)(D),
and (g)(9)(iv)(D) of this section (i.e., monitoring function) in
accordance with paragraphs (c) and (d) of this section with the
exception that monitoring must occur every time the monitoring
conditions are met during the drive cycle rather than once per drive
cycle as required in paragraph (c)(2) of this section.
    (C) Except as provided for in paragraph (g)(9)(vii)(D) of this
paragraph (g)(9), the OBD system must monitor continuously for
malfunctions identified in paragraphs (g)(9)(ii)(B), (g)(9)(ii)(C),
(g)(9)(iii)(B), (g)(9)(iii)(C), (g)(9)(iv)(B), and (g)(9)(iv)(C) (i.e.,
circuit integrity and feedback function).
    (D) A manufacturer may request approval to disable continuous
exhaust gas sensor monitoring when an exhaust gas sensor malfunction
cannot be distinguished from other effects (e.g., disable monitoring
for out-of-range on the low side during fuel cut conditions). To do so,
the manufacturer must demonstrate via data and/or engineering analyses
that a properly functioning sensor cannot be distinguished from a
malfunctioning sensor and that the disablement interval is limited only
to that necessary for avoiding false malfunction detection.
    (viii) Monitoring conditions for exhaust gas sensor heaters.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraph (g)(9)(vi)(A) of this section
(i.e., sensor heater performance) in accordance with paragraphs (c) and
(d) of this section.
    (B) The OBD system must monitor continuously for malfunctions
identified in paragraph (g)(9)(vi)(B) of this section (i.e., circuit
malfunctions).
    (ix) Exhaust gas sensor and sensor heater MIL activation and DTC
storage. The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (10) Variable Valve Timing (VVT) system monitoring.
    (i) General. The OBD system must monitor the VVT system on engines
so equipped for target error and slow response malfunctions. The
individual electronic components (e.g., actuators, valves, sensors)
that are used in the VVT system must be monitored in accordance with
the comprehensive components requirements in paragraph (i)(3) of this
section.
    (ii) VVT system malfunction criteria.
    (A) VVT system target error. The OBD system must detect a
malfunction prior to any failure or deterioration in the capability of
the VVT system to achieve the commanded valve timing and/or control
within a crank angle and/or lift tolerance that would cause an engine's

[[Page 3301]]

emissions to exceed the emission thresholds for ``other monitors'' as
shown in Table 1 of this paragraph (g).
    (B) VVT slow response. The OBD system must detect a malfunction
prior to any failure or deterioration in the capability of the VVT
system to achieve the commanded valve timing and/or control within a
manufacturer-specified time that would cause an engine's emissions to
exceed the emission thresholds for ``other monitors'' as shown in Table
1 of this paragraph (g).
    (C) For engines in which no failure or deterioration of the VVT
system could result in an engine's emissions exceeding the applicable
emissions thresholds of paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of
this section, the OBD system must detect a malfunction of the VVT
system when proper functional response of the system to computer
commands does not occur.
    (iii) VVT system monitoring conditions. Manufacturers must define
the monitoring conditions for VVT system malfunctions identified in
paragraph (g)(10)(ii) of this section in accordance with paragraphs (c)
and (d) of this section, with the exception that monitoring must occur
every time the monitoring conditions are met during the drive cycle
rather than once per drive cycle as required in paragraph (c)(2) of
this section. For purposes of tracking and reporting as required in
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraph (g)(10)(ii) of this section must
be tracked separately but reported as a single set of values as
specified in paragraph (e)(1)(iii) of this section.
    (iv) VVT MIL activation and DTC storage. The MIL must activate and
DTCs must be stored according to the provisions of paragraph (b) of
this section.
    (h) OBD monitoring requirements for gasoline-fueled/spark-ignition
engines. The following table shows the thresholds at which point
certain components or systems, as specified in this paragraph (h), are
considered malfunctioning.

      Table 2.--OBD Emissions Thresholds for Gasoline-Fueled/Spark-Ignition Engines Meant for Placement in
                             Applications Greater Than 14,000 Pounds GVWR (g/bhp-hr)
----------------------------------------------------------------------------------------------------------------
                                                                                               Sec.   86.010-18
            Component                    NOX                 NMHC                 CO              reference
----------------------------------------------------------------------------------------------------------------
Catalyst system.................  1.75x std........  1.75x std..........  .................  (h)(6).
Evaporative emissions control     .................  0.150 inch leak....  .................  (h)(7).
 system.
``Other monitors'' with           1.5x std.........  1.5x std...........  1.5x std.........  (h)(1), (h)(2),
 emissions thresholds.                                                                        (h)(3), (h)(4),
                                                                                              (h)(5), (h)(8),
                                                                                              (h)(9).
----------------------------------------------------------------------------------------------------------------
Notes: 1.75x std means a multiple of 1.75 times the applicable emissions standard; these emissions thresholds
  apply to the monitoring requirements of paragraph (h) of this section 86.010-18; The evaporative emissions
  control system threshold is not, technically, an emissions threshold but rather a leak size that must be
  detected; nonetheless, for ease we refer to this as the threshold.

    (1) Fuel system monitoring.
    (i) General. The OBD system must monitor the fuel delivery system
to determine its ability to provide compliance with emission standards.
    (ii) Fuel system malfunction criteria.
    (A) The OBD system must detect a malfunction of the fuel delivery
system (including feedback control based on a secondary oxygen sensor)
when the fuel delivery system is unable to maintain an engine's
emissions at or below the emissions thresholds for ``other monitors''
as shown in Table 2 of this paragraph (h).
    (B) Except as provided for in paragraph (h)(1)(ii)(C) of this
section, if the engine is equipped with adaptive feedback control, the
OBD system must detect a malfunction when the adaptive feedback control
has used up all of the adjustment allowed by the manufacturer.
    (C) If the engine is equipped with feedback control that is based
on a secondary oxygen (or equivalent) sensor, the OBD system is not
required to detect a malfunction of the fuel system solely when the
feedback control based on a secondary oxygen sensor has used up all of
the adjustment allowed by the manufacturer. However, if a failure or
deterioration results in engine emissions that exceed the emissions
thresholds for ``other monitors'' as shown in Table 2 of this paragraph
(h), the OBD system is required to detect a malfunction.
    (D) The OBD system must detect a malfunction whenever the fuel
control system fails to enter closed loop operation following engine
start within a manufacturer specified time interval. The specified time
interval must be supported by data and/or engineering analyses
submitted by the manufacturer.
    (E) The manufacturer may adjust the malfunction criteria and/or
monitoring conditions to compensate for changes in altitude, for
temporary introduction of large amounts of purge vapor, or for other
similar identifiable operating conditions when such conditions occur.
    (iii) Fuel system monitoring conditions. The fuel system must be
monitored continuously for the presence of a malfunction.
    (iv) Fuel system MIL activation and DTC storage.
    (A) A pending DTC must be stored immediately upon the fuel system
exceeding the malfunction criteria established in paragraph (h)(1)(ii)
of this section.
    (B) Except as provided for in paragraph (h)(1)(iv)(C) of this
section, if a pending DTC is stored, the OBD system must activate the
MIL immediately and store a MIL-on DTC if a malfunction is again
detected during either the drive cycle immediately following storage of
the pending DTC regardless of the conditions encountered during that
drive cycle, or on the next drive cycle in which similar conditions are
encountered to those that occurred when the pending DTC was stored.
Similar conditions means engine conditions having an engine speed
within 375 rpm, load conditions within 20 percent, and the same warm up
status (i.e., cold or hot) as the engine conditions stored pursuant to
paragraph (h)(1)(iv)(E) of this section. Other definitions of similar
conditions may be used but must result in comparable timeliness and
reliability in detecting similar engine operation.
    (C) The pending DTC may be erased at the end of the next drive
cycle in which similar conditions have been encountered without having
again exceeded the specified fuel system malfunction criteria. The
pending DTC may also be erased if similar conditions are not
encountered during the 80 drive cycles immediately following detection
of the potential malfunction for which the pending DTC was stored.
    (D) Storage of freeze frame conditions. The OBD system must store
and erase freeze frame conditions either in conjunction with storing
and erasing a pending DTC or in conjunction with storing and erasing a
MIL-on DTC. Freeze frame information associated with a fuel system
malfunction shall be

[[Page 3302]]

stored in preference to freeze frame information required elsewhere in
paragraphs (h) or (i) of this section.
    (E) Storage of fuel system conditions for determining similar
conditions of operation. The OBD must store the engine speed, load, and
warm-up status present at the time it first detects a potential
malfunction meeting the criteria of paragraph (h)(1)(ii) of this
section and stores a pending DTC.
    (F) Deactivating the MIL. The MIL may be extinguished after three
sequential driving cycles in which similar conditions have been
encountered without detecting a malfunction of the fuel system.
    (2) Engine misfire monitoring.
    (i) General.
    (A) The OBD system must monitor the engine for misfire causing
catalyst damage and misfire causing excess emissions.
    (B) The OBD system must identify the specific cylinder that is
misfiring. The manufacturer may store a general misfire DTC instead of
a cylinder specific DTC under certain operating conditions. To do so,
the manufacturer must submit data and/or engineering analyses that
demonstrate that the misfiring cylinder cannot be identified reliably
when the conditions occur.
    (C) If more than one cylinder is misfiring, a separate DTC must be
stored to indicate that multiple cylinders are misfiring unless
otherwise allowed by this paragraph (h)(2). When identifying multiple
cylinder misfire, the OBD system is not required to also identify using
separate DTCs each of the misfiring cylinders individually. If more
than 90 percent of the detected misfires occur in a single cylinder, an
appropriate DTC may be stored that indicates the specific misfiring
cylinder rather than storing the multiple cylinder misfire DTC. If two
or more cylinders individually have more than 10 percent of the total
number of detected misfires, a multiple cylinder DTC must be stored.
    (ii) Engine misfire malfunction criteria.
    (A) Misfire causing catalyst damage. The manufacturer must
determine the percentage of misfire evaluated in 200 revolution
increments for each engine speed and load condition that would result
in a temperature that causes catalyst damage. If this percentage of
misfire is exceeded, it shall be considered a malfunction that must be
detected. For every engine speed and load condition for which this
percentage of misfire is determined to be lower than five percent, the
manufacturer may set the malfunction criteria at five percent. The
manufacturer may use a longer interval than 200 revolutions but only
for determining, on a given drive cycle, the first misfire exceedance
as provided in paragraph (h)(2)(iv)(A) of this section. To do so, the
manufacturer must demonstrate that the interval is not so long that
catalyst damage would occur prior to the interval being elapsed.
    (B) Misfire causing emissions to exceed the applicable thresholds.
The manufacturer must determine the percentage of misfire evaluated in
1000 revolution increments that would cause emissions from an emissions
durability demonstration engine to exceed the emissions thresholds for
``other monitors'' as shown in Table 2 of this paragraph (h) if that
percentage of misfire were present from the beginning of the test. If
this percentage of misfire is exceeded, regardless of the pattern of
misfire events (e.g., random, equally spaced, continuous), it shall be
considered a malfunction that must be detected. To establish this
percentage of misfire, the manufacturer must use misfire events
occurring at equally spaced, complete engine cycle intervals, across
randomly selected cylinders throughout each 1000-revolution increment.
If this percentage of misfire is determined to be lower than one
percent, the manufacturer may set the malfunction criteria at one
percent. The manufacturer may use a longer interval than 1000
revolutions. To do so, the manufacturer must demonstrate that the
strategy would be equally effective and timely at detecting misfire.
    (iii) Engine misfire monitoring conditions.
    (A) The OBD system must monitor continuously for misfire under the
following conditions: from no later than the end of the second
crankshaft revolution after engine start; during the rise time and
settling time for engine speed to reach the desired idle engine speed
at engine start-up (i.e., ``flare-up'' and ``flare-down''); and, under
all positive torque engine speeds and load conditions except within the
engine operating region bound by the positive torque line (i.e., engine
load with the transmission in neutral), and the points represented by
an engine speed of 3000 rpm with the engine load at the positive torque
line and the redline engine speed with the engine's manifold vacuum at
four inches of mercury lower than that at the positive torque line. For
this purpose, redline engine speed is defined as either the recommended
maximum engine speed as displayed on the instrument panel tachometer,
or the engine speed at which fuel shutoff occurs.
    (B) If an OBD monitor cannot detect all misfire patterns under all
required engine speed and load conditions as required by paragraph
(h)(2)(iii)(A) of this section, the OBD system may still be acceptable.
The Administrator will evaluate the following factors in making a
determination: the magnitude of the region(s) in which misfire
detection is limited; the degree to which misfire detection is limited
in the region(s) (i.e., the probability of detection of misfire
events); the frequency with which said region(s) are expected to be
encountered in-use; the type of misfire patterns for which misfire
detection is troublesome; and demonstration that the monitoring
technology employed is not inherently incapable of detecting misfire
under the required conditions (i.e., compliance can be achieved on
other engines). The evaluation will be based on the following misfire
patterns: equally spaced misfire occurring on randomly selected
cylinders; single cylinder continuous misfire; and paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
    (C) The manufacturer may use monitoring system that has reduced
misfire detection capability during the portion of the first 1000
revolutions after engine start that a cold start emission reduction
strategy is active that reduces engine torque (e.g., spark retard
strategies). To do so, the manufacturer must demonstrate that the
probability of detection is greater than or equal to 75 percent during
the worst case condition (i.e., lowest generated torque) for a vehicle
operated continuously at idle (park/neutral idle) on a cold start
between 50 and 86 degrees Fahrenheit and that the technology cannot
reliably detect a higher percentage of the misfire events during the
conditions.
    (D) The manufacturer may disable misfire monitoring or use an
alternative malfunction criterion when misfire cannot be distinguished
from other effects. To do so, the manufacturer must demonstrate that
the disablement interval or the period of use of an alternative
malfunction criterion is limited only to that necessary for avoiding
false detection and for one or more of the following operating
conditions: rough road; fuel cut; gear changes for manual transmission
vehicles; traction control or other vehicle stability control
activation such as anti-lock braking or other engine torque
modifications to enhance vehicle stability; off-board control or
intrusive activation of vehicle components or monitors during service
or assembly plant testing; portions of intrusive evaporative system or
EGR monitors that can significantly affect engine stability (i.e.,
while the purge valve is open during the vacuum pull-down of a

[[Page 3303]]

evaporative system leak check but not while the purge valve is closed
and the evaporative system is sealed or while an EGR monitor causes the
EGR valve to be cycled intrusively on and off during positive torque
conditions); or, engine speed, load, or torque transients due to
throttle movements more rapid than those that occur over the FTP cycle
for the worst case engine within each engine family. In general, the
Administrator will not approve disablement for conditions involving
normal air conditioning compressor cycling from on-to-off or off-to-on,
automatic transmission gear shifts (except for shifts occurring during
wide open throttle operation), transitions from idle to off-idle,
normal engine speed or load changes that occur during the engine speed
rise time and settling time (i.e., ``flare-up'' and ``flare-down'')
immediately after engine starting without any vehicle operator-induced
actions (e.g., throttle stabs), or excess acceleration (except for
acceleration rates that exceed the maximum acceleration rate obtainable
at wide open throttle while the vehicle is in gear due to abnormal
conditions such as slipping of a clutch).
    (iv) MIL activation and DTC storage for engine misfire causing
catalyst damage.
    (A) Pending DTCs. A pending DTC must be stored immediately if,
during a single drive cycle, the specified misfire percentage described
in paragraph (h)(2)(ii)(A) of this section is exceeded three times when
operating in the positive torque region encountered during a FTP cycle
or is exceeded on a single occasion when operating at any other engine
speed and load condition in the positive torque region defined in
paragraph (h)(2)(iii)(A) of this section. Immediately after a pending
DTC is stored pursuant to this paragraph, the MIL must blink once per
second at all times during the drive cycle that engine misfire is
occurring. The MIL may be deactivated during those times that misfire
is not occurring. If, at the time that a catalyst damaging misfire
malfunction occurs, the MIL is already activated for a malfunction
other than misfire, the MIL must still blink once per second at all
times during the drive cycle that engine misfire is occurring. If
misfire ceases, the MIL must stop blinking but remain activated as
appropriate in accordance with the other malfunction.
    (B) MIL-on DTCs. If a pending DTC is stored in accordance with
paragraph (h)(2)(iv)(A) of this section, the OBD system must
immediately store a MIL-on DTC if the percentage of misfire described
in paragraph (h)(2)(ii)(A) of this section is again exceeded one or
more times during either the drive cycle immediately following storage
of the pending DTC, regardless of the conditions encountered during
that drive cycle, or on the next drive cycle in which similar
conditions are encountered to those that occurred when the pending DTC
was stored. If, during a previous drive cycle, a pending DTC is stored
in accordance with paragraph (h)(2)(iv)(A) of this section, a MIL-on
DTC must be stored immediately upon exceeding the percentage misfire
described in paragraph (h)(2)(ii)(A) of this section regardless of the
conditions encountered. Upon storage of a MIL-on DTC, the MIL must
blink once per second at all times during the drive cycle that engine
misfire is occurring. If misfire ceases, the MIL must stop blinking but
remain activated until the conditions are met for extinguishing the MIL.
    (C) Erasure of pending DTCs. Pending DTCs stored in accordance with
paragraph (h)(2)(iv)(A) of this section must be erased at the end of
the next drive cycle in which similar conditions are encountered to
those that occurred when the pending DTC was stored provided no
exceedances have been detected of the misfire percentage described in
paragraph (h)(2)(ii)(A) of this section. The pending DTC may also be
erased if similar conditions are not encountered during the next 80
drive cycles immediately following storage of the pending DTC.
    (D) Exemptions for engines with fuel shutoff and default fuel
control. In engines that provide for fuel shutoff and default fuel
control to prevent over fueling during catalyst damaging misfire
conditions, the MIL need not blink as required by paragraphs
(h)(2)(iv)(A) and (h)(2)(iv)(B) of this section. Instead, the MIL may
be activated continuously upon misfire detection provided that the fuel
shutoff and default fuel control are activated immediately upon misfire
detection. Fuel shutoff and default fuel control may be deactivated
only when the engine is outside of the misfire range except that the
manufacturer may periodically, but not more than once every 30 seconds,
deactivate fuel shutoff and default fuel control to determine if the
catalyst damaging misfire is still occurring. Normal fueling and fuel
control may be resumed if the catalyst damaging misfire is no longer
occurring.
    (E) The manufacturer may use a strategy that activates the MIL
continuously rather than blinking the MIL during extreme catalyst
damage misfire conditions (i.e., catalyst damage misfire occurring at
all engine speeds and loads). Use of such a strategy must be limited to
catalyst damage misfire levels that cannot be avoided during reasonable
driving conditions. To use such a strategy, the manufacturer must be
able to demonstrate that the strategy will encourage operation of the
vehicle in conditions that will minimize catalyst damage (e.g., at low
engine speeds and loads).
    (v) MIL activation and DTC storage for engine misfire causing
emissions to exceed applicable emissions thresholds.
    (A) Immediately upon detection, during the first 1000 revolutions
after engine start of the misfire percentage described in paragraph
(h)(2)(ii)(B) of this section, a pending DTC must be stored. If such a
pending DTC is stored already and another such exceedance of the
misfire percentage is detected within the first 1000 revolutions after
engine start on any subsequent drive cycle, the MIL must activate and a
MIL-on DTC must be stored. The pending DTC may be erased if, at the end
of the next drive cycle in which similar conditions are encountered to
those that occurred when the pending DTC was stored, there has been no
exceedance of the misfire percentage described in paragraph
(h)(2)(ii)(B) of this section. The pending DTC may also be erased if
similar conditions are not encountered during the next 80 drive cycles
immediately following storage of the pending DTC.
    (B) No later than the fourth detection during a single drive cycle,
following the first 1000 revolutions after engine start of the misfire
percentage described in paragraph (h)(2)(ii)(B) of this section, a
pending DTC must be stored. If such a pending DTC is stored already,
then the MIL must activate and a MIL-on DTC must be stored within 10
seconds of the fourth detection of the misfire percentage described in
paragraph (h)(2)(ii)(B) of this section during either the drive cycle
immediately following storage of the pending DTC, regardless of the
conditions encountered during that drive cycle excepting those
conditions within the first 1000 revolutions after engine start, or on
the next drive cycle in which similar conditions are encountered to
those that occurred when the pending DTC was stored excepting those
conditions within the first 1000 revolutions after engine start. The
pending DTC may be erased if, at the end of the next drive cycle in
which similar conditions are encountered to those that occurred when
the pending DTC was stored, there has been no exceedance of the misfire
percentage described in paragraph (h)(2)(ii)(B) of this section. The
pending DTC may also be erased if

[[Page 3304]]

similar conditions are not encountered during the next 80 drive cycles
immediately following storage of the pending DTC.
    (vi) Storage of freeze frame conditions for engine misfire.
    (A) The OBD system must store and erase freeze frame conditions (as
defined in paragraph (k)(4)(iii) of this section) either in conjunction
with storing and erasing a pending DTC or in conjunction with storing
and erasing a MIL-on DTC.
    (B) If, upon storage of a DTC as required by paragraphs (h)(2)(iv)
and (h)(2)(v) of this section, there already exist stored freeze frame
conditions for a malfunction other than a misfire or fuel system
malfunction (see paragraph (h)(1) of this section) then the stored
freeze frame information shall be replaced with freeze frame
information associated with the misfire malfunction.
    (vii) Storage of engine conditions in association with engine
misfire. Upon detection of the misfire percentages described in
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section, the
following engine conditions must be stored for use in determining
similar conditions: engine speed, load, and warm up status of the first
misfire event that resulted in pending DTC storage.
    (viii) MIL deactivation in association with engine misfire. The MIL
may be deactivated after three sequential drive cycles in which similar
conditions have been encountered without an exceedance of the misfire
percentages described in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of
this section.
    (3) Exhaust gas recirculation system monitoring.
    (i) General. The OBD system must monitor the EGR system on engines
so equipped for low and high flow rate malfunctions. The individual
electronic components (e.g., actuators, valves, sensors) that are used
in the EGR system must be monitored in accordance with the
comprehensive component requirements in paragraph (i)(3) of this section.
    (ii) EGR system malfunction criteria.
    (A) The OBD system must detect a malfunction of the EGR system
prior to a decrease from the manufacturer's specified EGR flow rate
that would cause an engine's emissions to exceed the emissions
thresholds for ``other monitors'' as shown in Table 2 of this paragraph
(h). For engines in which no failure or deterioration of the EGR system
that causes a decrease in flow could result in an engine's emissions
exceeding the applicable emissions thresholds, the OBD system must
detect a malfunction when the system has no detectable amount of EGR flow.
    (B) The OBD system must detect a malfunction of the EGR system
prior to an increase from the manufacturer's specified EGR flow rate
that would cause an engine's emissions to exceed the emissions
thresholds for ``other monitors'' as shown in Table 2 of this paragraph
(h). For engines in which no failure or deterioration of the EGR system
that causes an increase in flow could result in an engine's emissions
exceeding the applicable emissions thresholds, the OBD system must
detect a malfunction when the system has reached its control limits
such that it cannot reduce EGR flow.
    (iii) EGR system monitoring conditions.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (h)(3)(ii) of this section in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required by paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(h)(3)(ii) of this section must be tracked separately but reported as a
single set of values as specified in paragraph (e)(1)(iii) of this section.
    (B) The manufacturer may disable temporarily the EGR monitor under
conditions when monitoring may not be reliable (e.g., when freezing may
affect performance of the system). To do so, the manufacturer must be able
to demonstrate that the monitor is unreliable when such conditions exist.
    (iv) EGR system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (4) Cold start emission reduction strategy monitoring.
    (i) General. If an engine incorporates a specific engine control
strategy to reduce cold start emissions, the OBD system must monitor
the key components (e.g., idle air control valve), other than secondary
air, while the control strategy is active to ensure proper operation of
the control strategy.
    (ii) Cold start strategy malfunction criteria.
    (A) The OBD system must detect a malfunction prior to any failure
or deterioration of the individual components associated with the cold
start emission reduction control strategy that would cause an engine's
emissions to exceed the emissions thresholds for ``other monitors'' as
shown in Table 2 of this paragraph (h). The manufacturer must establish
the malfunction criteria based on data from one or more representative
engine(s) and provide an engineering evaluation for establishing the
malfunction criteria for the remainder of the manufacturer's product line.
    (B) Where no failure or deterioration of a component used for the
cold start emission reduction strategy could result in an engine's
emissions exceeding the applicable emissions thresholds, the individual
component must be monitored for proper functional response while the
control strategy is active in accordance with the malfunction criteria
in paragraphs (i)(3)(ii) and (i)(3)(iii) of this section.
    (iii) Cold start strategy monitoring conditions. The manufacturer
must define monitoring conditions for malfunctions identified in
paragraph (h)(4)(ii) of this section in accordance with paragraphs (c)
and (d) of this section.
    (iv) Cold start strategy MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (5) Secondary air system monitoring.
    (i) General. The OBD system on engines equipped with any form of
secondary air delivery system must monitor the proper functioning of
the secondary air delivery system including all air switching
valves(s). The individual electronic components (e.g., actuators,
valves, sensors) that are used in the secondary air system must be
monitored in accordance with the comprehensive component requirements
in paragraph (i)(3) of this section. For purposes of this paragraph
(h)(5), ``air flow'' is defined as the air flow delivered by the
secondary air system to the exhaust system. For engines using secondary
air systems with multiple air flow paths/distribution points, the air
flow to each bank (i.e., a group of cylinders that share a common
exhaust manifold, catalyst, and control sensor) must be monitored in
accordance with the malfunction criteria in paragraph (h)(5)(ii) of
this section. Also for purposes of this paragraph (h)(5), ``normal
operation'' is defined as the condition when the secondary air system
is activated during catalyst and/or engine warm-up following engine
start. ``Normal operation'' does not include the condition when the
secondary air system is turned on intrusively for the sole purpose of
monitoring.
    (ii) Secondary air system malfunction criteria.
    (A) Except as provided in paragraph (h)(5)(ii)(C) of this section,
the OBD system must detect a secondary air system malfunction prior to
a decrease from the manufacturer's specified air

[[Page 3305]]

flow during normal operation that would cause an engine's emissions to
exceed the emissions thresholds for ``other monitors'' as shown in
Table 2 of this paragraph (h).
    (B) Except as provided in paragraph (h)(5)(ii)(C) of this section,
the OBD system must detect a secondary air system malfunction prior to
an increase from the manufacturer's specified air flow during normal
operation that would cause an engine's emissions to exceed the
emissions thresholds for ``other monitors'' as shown in Table 2 of this
paragraph (h).
    (C) For engines in which no deterioration or failure of the
secondary air system would result in an engine's emissions exceeding
the applicable emissions thresholds, the OBD system must detect a
malfunction when no detectable amount of air flow is delivered by the
secondary air system during normal operation.
    (iii) Secondary air system monitoring conditions. The manufacturer
must define monitoring conditions for malfunctions identified in
paragraph (h)(5)(ii) of this section in accordance with paragraphs (c)
and (d) of this section. For purposes of tracking and reporting as
required by paragraph (d)(1) of this section, all monitors used to
detect malfunctions identified in paragraph (h)(5)(ii) of this section
must be tracked separately but reported as a single set of values as
specified in paragraph (e)(1)(iii) of this section.
    (iv) Secondary air system MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (6) Catalyst system monitoring.
    (i) General. The OBD system must monitor the catalyst system for
proper conversion capability.
    (ii) Catalyst system malfunction criteria. The OBD system must
detect a catalyst system malfunction when the catalyst system's
conversion capability decreases to the point that emissions exceed the
emissions thresholds for the catalyst system as shown in Table 2 of
this paragraph (h).
    (iii) Catalyst system monitoring conditions. The manufacturer must
define monitoring conditions for malfunctions identified in paragraph
(h)(6)(ii) of this section in accordance with paragraphs (c) and (d) of
this section. For purposes of tracking and reporting as required by
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraph (h)(6)(ii) of this section must be
tracked separately but reported as a single set of values as specified
in paragraph (e)(1)(iii) of this section.
    (iv) Catalyst system MIL activation and DTC storage.
    (A) The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (B) The monitoring method for the catalyst system must be capable
of detecting when a catalyst DTC has been erased (except OBD system
self erasure), but the catalyst has not been replaced (e.g., catalyst
overtemperature histogram approaches are not acceptable).
    (7) Evaporative system monitoring.
    (i) General. The OBD system must verify purge flow from the
evaporative system and monitor the complete evaporative system,
excluding the tubing and connections between the purge valve and the
intake manifold, for vapor leaks to the atmosphere. Individual
components of the evaporative system (e.g., valves, sensors) must be
monitored in accordance with the comprehensive components requirements
in paragraph (i)(3) of this section.
    (ii) Evaporative system malfunction criteria.
    (A) Purge monitor. The OBD system must detect an evaporative system
malfunction when no purge flow from the evaporative system to the
engine can be detected by the OBD system.
    (B) Leak monitor. The OBD system must detect an evaporative system
malfunction when the complete evaporative system contains a leak or
leaks that cumulatively are greater than or equal to a leak caused by a
0.150 inch diameter hole.
    (C) The manufacturer may demonstrate that detection of a larger
hole is more appropriate than that specified in paragraph (h)(7)(ii)(B)
of this section. To do so, the manufacturer must demonstrate through
data and/or engineering analyses that holes smaller than the proposed
detection size would not result in evaporative or running loss
emissions that exceed 1.5 times the applicable evaporative emissions
standards. Upon such a demonstration, the proposed detection size could
be substituted for the requirement of paragraph (h)(7)(ii)(B) of this
section.
    (iii) Evaporative system monitoring conditions.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraph (h)(7)(ii)(A) of this section in
accordance with paragraphs (c) and (d) of this section.
    (B) The manufacturer must define monitoring conditions for
malfunctions identified in paragraph (h)(7)(ii)(B) of this section in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required by paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(h)(7)(ii)(B) of this section must be tracked separately but reported
as a single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (C) The manufacturer may disable or abort an evaporative system
monitor when the fuel tank level is over 85 percent of nominal tank
capacity or during a refueling event.
    (D) The manufacturer may request Administrator approval to run the
evaporative system monitor during only those drive cycles characterized
as cold starts provided such a condition is needed to ensure reliable
monitoring. In making the request, the manufacturer must demonstrate
through data and/or engineering analyses that a reliable monitor can
only be run on drive cycles that begin with a specific set of cold
start criteria. A set of cold start criteria based solely on ambient
temperature exceeding engine coolant temperature will not be acceptable.
    (E) The OBD system may disable temporarily the evaporative purge
system to run an evaporative system leak monitor.
    (iv) Evaporative system MIL activation and DTC storage.
    (A) Except as provided for in paragraph (h)(7)(iv)(B) of this
section, the MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (B) If the OBD system is capable of discerning that a system leak
is being caused by a missing or improperly secured gas cap, the OBD
system need not activate the MIL or store a DTC provided the vehicle is
equipped with an alternative indicator for notifying the operator of
the gas cap problem. The alternative indicator must be of sufficient
illumination and location to be readily visible under all lighting
conditions. If the vehicle is not equipped with such an alternative
indicator, the MIL must activate and a DTC be stored as required in
paragraph (h)(7)(iv)(A) of this section; however, these may be
deactivated and erased, respectively, if the OBD system determines that
the gas cap problem has been corrected and the MIL has not been
activated for any other malfunction. The Administrator may approve
other strategies that provide equivalent assurance that a vehicle
operator will be notified promptly of a missing or improperly secured
gas cap and that corrective action will be undertaken.
    (8) Exhaust gas sensor monitoring.
    (i) General.
    (A) The OBD system must monitor for malfunctions the output signal,

[[Page 3306]]

response rate, and any other parameter that can affect emissions of all
primary (i.e., fuel control) exhaust gas sensors (e.g., oxygen, wide-
range air/fuel). Both the lean-to-rich and rich-to-lean response rates
must be monitored.
    (B) The OBD system must also monitor all secondary exhaust gas
sensors (those used for secondary fuel trim control or as a monitoring
device) for proper output signal, activity, and response rate.
    (C) For engines equipped with heated exhaust gas sensor, the OBD
system must monitor the heater for proper performance.
    (ii) Primary exhaust gas sensor malfunction criteria.
    (A) The OBD system must detect a malfunction prior to any failure
or deterioration of the exhaust gas sensor output voltage, resistance,
impedance, current, response rate, amplitude, offset, or other
characteristic(s) (including drift or bias corrected for by secondary
sensors) that would cause an engine's emissions to exceed the emissions
thresholds for ``other monitors'' as shown in Table 2 of this paragraph (h).
    (B) The OBD system must detect malfunctions of the exhaust gas
sensor caused by either a lack of circuit continuity or out-of-range values.
    (C) The OBD system must detect a malfunction of the exhaust gas
sensor when a sensor failure or deterioration causes the fuel system to
stop using that sensor as a feedback input (e.g., causes default or
open-loop operation).
    (D) The OBD system must detect a malfunction of the exhaust gas
sensor when the sensor output voltage, resistance, impedance, current,
amplitude, activity, or other characteristics are no longer sufficient
for use as an OBD system monitoring device (e.g., for catalyst monitoring).
    (iii) Secondary exhaust gas sensor malfunction criteria.
    (A) The OBD system must detect a malfunction prior to any failure
or deterioration of the exhaust gas sensor voltage, resistance,
impedance, current, response rate, amplitude, offset, or other
characteristic(s) that would cause an engine's emissions to exceed the
emissions thresholds for ``other monitors'' as shown in Table 2 of this
paragraph (h).
    (B) The OBD system must detect malfunctions of the exhaust gas
sensor caused by a lack of circuit continuity.
    (C) To the extent feasible, the OBD system must detect a
malfunction of the exhaust gas sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other
characteristics are no longer sufficient for use as an OBD system
monitoring device (e.g., for catalyst monitoring).
    (D) The OBD system must detect malfunctions of the exhaust gas
sensor caused by out-of-range values.
    (E) The OBD system must detect a malfunction of the exhaust gas
sensor when a sensor failure or deterioration causes the fuel system
(e.g., fuel control) to stop using that sensor as a feedback input
(e.g., causes default or open-loop operation).
    (iv) Exhaust gas sensor heater malfunction criteria.
    (A) The OBD system must detect a malfunction of the heater
performance when the current or voltage drop in the heater circuit is
no longer within the manufacturer's specified limits for normal
operation (i.e., within the criteria required to be met by the
component vendor for heater circuit performance at high mileage). Other
malfunction criteria for heater performance malfunctions may be used
upon demonstrating via data or engineering analyses that the monitoring
reliability and timeliness is equivalent to the stated criteria in this
paragraph (h)(8)(iv)(A).
    (B) The OBD system must detect malfunctions of the heater circuit
including open or short circuits that conflict with the commanded state
of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground)).
    (v) Primary exhaust gas sensor monitoring conditions.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D)
of this section in accordance with paragraphs (c) and (d) of this
section. For purposes of tracking and reporting as required by
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D)
of this section must be tracked separately but reported as a single set
of values as specified in paragraph (e)(1)(iii) of this section.
    (B) Except as provided for in paragraph (h)(8)(v)(C) of this
section, monitoring for malfunctions identified in paragraphs
(h)(8)(ii)(B) and (h)(8)(ii)(C) of this section must be conducted
continuously.
    (C) The manufacturer may disable continuous primary exhaust gas
sensor monitoring when a primary exhaust gas sensor malfunction cannot
be distinguished from other effects (e.g., disable out-of-range low
monitoring during fuel cut conditions). To do so, the manufacturer must
demonstrate via data or engineering analyses that a properly
functioning sensor cannot be distinguished from a malfunctioning sensor
and that the disablement interval is limited only to that necessary for
avoiding false detection.
    (vi) Secondary exhaust gas sensor monitoring conditions.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraphs (h)(8)(iii)(A) through
(h)(8)(iii)(C) of this section in accordance with paragraphs (c) and
(d) of this section.
    (B) Except as provided for in paragraph (h)(8)(vi)(C) of this
section, monitoring for malfunctions identified in paragraphs
(h)(8)(iii)(D) and (h)(8)(iii)(E) of this section must be conducted
continuously.
    (C) The manufacturer may disable continuous secondary exhaust gas
sensor monitoring when a secondary exhaust gas sensor malfunction
cannot be distinguished from other effects (e.g., disable out-of-range
low monitoring during fuel cut conditions). To do so, the manufacturer
must demonstrate via data or engineering analyses that a properly
functioning sensor cannot be distinguished from a malfunctioning sensor
and that the disablement interval is limited only to that necessary for
avoiding false detection.
    (vii) Exhaust gas sensor heater monitoring conditions.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraph (h)(8)(iv)(A) of this section in
accordance with paragraphs (c) and (d) of this section.
    (B) Monitoring for malfunctions identified in paragraph
(h)(8)(iv)(B) of this section must be conducted continuously.
    (viii) Exhaust gas sensor MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (9) Variable valve timing (VVT) system monitoring.
    (i) General. The OBD system must monitor the VVT system on engines
so equipped for target error and slow response malfunctions. The
individual electronic components (e.g., actuators, valves, sensors)
that are used in the VVT system must be monitored in accordance with
the comprehensive components requirements in paragraph (i)(3) of this
section.
    (ii) VVT system malfunction criteria.
    (A) VVT system target error. The OBD system must detect a
malfunction prior to any failure or deterioration in the capability of
the VVT system to achieve the commanded valve timing and/or control
within a crank angle and/or lift tolerance that would cause an engine's
emissions to exceed the emission

[[Page 3307]]

thresholds for ``other monitors'' as shown in Table 2 of this paragraph (h).
    (B) VVT slow response. The OBD system must detect a malfunction
prior to any failure or deterioration in the capability of the VVT
system to achieve the commanded valve timing and/or control within a
manufacturer-specified time that would cause an engine's emissions to
exceed the emission thresholds for ``other monitors'' as shown in Table
2 of this paragraph (h).
    (C) For engines in which no failure or deterioration of the VVT
system could result in an engine's emissions exceeding the applicable
emissions thresholds of paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of
this paragraph (h), the OBD system must detect a malfunction of the VVT
system when proper functional response of the system to computer
commands does not occur.
    (iii) VVT system monitoring conditions. Manufacturers must define
the monitoring conditions for VVT system malfunctions identified in
paragraph (h)(9)(ii) of this section in accordance with paragraphs (c)
and (d) of this section, with the exception that monitoring must occur
every time the monitoring conditions are met during the drive cycle
rather than once per drive cycle as required in paragraph (c)(2) of
this section. For purposes of tracking and reporting as required in
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraph (h)(9)(ii) of this section must be
tracked separately but reported as a single set of values as specified
in paragraph (e)(1)(iii) of this section.
    (iv) VVT MIL activation and DTC storage. The MIL must activate and
DTCs must be stored according to the provisions of paragraph (b) of
this section.
    (i) OBD monitoring requirements for all engines.
    (1) Engine cooling system monitoring.
    (i) General.
    (A) The OBD system must monitor the thermostat on engines so
equipped for proper operation.
    (B) The OBD system must monitor the engine coolant temperature
(ECT) sensor for electrical circuit continuity, out-of-range values,
and rationality malfunctions.
    (C) For engines that use a system other than the cooling system and
ECT sensor (e.g., oil temperature, cylinder head temperature) to
determine engine operating temperature for emission control purposes
(e.g., to modify spark or fuel injection timing or quantity), the
manufacturer may forego cooling system monitoring and instead monitor
the components or systems used in their approach. To do so, the
manufacturer must to submit data and/or engineering analyses that
demonstrate that their monitoring plan is as reliable and effective as
the monitoring required in this paragraph (i)(1).
    (ii) Malfunction criteria for the thermostat.
    (A) The OBD system must detect a thermostat malfunction if, within
the manufacturer specified time interval following engine start, any of
the following conditions occur: the coolant temperature does not reach
the highest temperature required by the OBD system to enable other
diagnostics; and, the coolant temperature does not reach a warmed-up
temperature within 20 degrees Fahrenheit of the manufacturer's nominal
thermostat regulating temperature. For the second of these two
conditions, the manufacturer may use a lower temperature for this
criterion provided the manufacturer can demonstrate that the fuel,
spark timing, and/or other coolant temperature-based modification to
the engine control strategies would not cause an emissions increase
greater than or equal to 50 percent of any of the applicable emissions
standards.
    (B) The manufacturer may use alternative malfunction criteria to
those of paragraph (i)(1)(ii)(A) of this section and/or alternative
monitoring conditions to those of paragraph (i)(1)(iv) of this section
that are a function of temperature at engine start on engines that do
not reach the temperatures specified in the malfunction criteria when
the thermostat is functioning properly. To do so, the manufacturer is
required to submit data and/or engineering analyses that demonstrate
that a properly operating system does not reach the specified
temperatures and that the possibility is minimized for cooling system
malfunctions to go undetected thus disabling other OBD monitors.
    (C) The manufacturer may request Administrator approval to forego
monitoring of the thermostat if the manufacturer can demonstrate that a
malfunctioning thermostat cannot cause a measurable increase in
emissions during any reasonable driving condition nor cause any
disablement of other OBD monitors.
    (iii) Malfunction criteria for the ECT sensor.
    (A) Circuit integrity. The OBD system must detect malfunctions of
the ECT sensor related to a lack of circuit continuity or out-of-range
values.
    (B) Time to reach closed-loop/feedback enable temperature. The OBD
system must detect if, within the manufacturer specified time interval
following engine start, the ECT sensor does not achieve the highest
stabilized minimum temperature that is needed to initiate closed-loop/
feedback control of all affected emission control systems (e.g., fuel
system, EGR system). The manufacturer specified time interval must be a
function of the engine coolant temperature and/or intake air
temperature at startup. The manufacturer time interval must be
supported by data and/or engineering analyses demonstrating that it
provides robust monitoring and minimizes the likelihood of other OBD
monitors being disabled. The manufacturer may forego the requirements
of this paragraph (i)(1)(iii)(B) provided the manufacturer does not use
engine coolant temperature or the ECT sensor to enable closed-loop/
feedback control of any emission control systems.
    (C) Stuck in range below the highest minimum enable temperature. To
the extent feasible when using all available information, the OBD
system must detect a malfunction if the ECT sensor inappropriately
indicates a temperature below the highest minimum enable temperature
required by the OBD system to enable other monitors (e.g., an OBD
system that requires ECT to be greater than 140 degrees Fahrenheit to
enable a diagnostic must detect malfunctions that cause the ECT sensor
to inappropriately indicate a temperature below 140 degrees
Fahrenheit). The manufacturer may forego this requirement for
temperature regions in which the monitors required under paragraphs
(i)(1)(ii) or (i)(1)(iii)(B) of this section will detect ECT sensor
malfunctions as defined in this paragraph (i)(1)(iii)(C).
    (D) Stuck in range above the lowest maximum enable temperature. The
OBD system must detect a malfunction if the ECT sensor inappropriately
indicates a temperature above the lowest maximum enable temperature
required by the OBD system to enable other monitors (e.g., an OBD
system that requires an engine coolant temperature less than 90 degrees
Fahrenheit at startup prior to enabling an OBD monitor must detect
malfunctions that cause the ECT sensor to indicate inappropriately a
temperature above 90 degrees Fahrenheit). The manufacturer may forego
this requirement within temperature regions in which the monitors
required under paragraphs (i)(1)(ii), (i)(1)(iii)(B), and
(i)(1)(iii)(C) of this section will detect ECT sensor malfunctions as
defined in this paragraph (i)(1)(iii)(D) or in which the MIL will be
activated according to the provisions of paragraph (b)(2)(v) of this

[[Page 3308]]

section. The manufacturer may also forego this monitoring within
temperature regions where a temperature gauge on the instrument panel
indicates a temperature in the ``red zone'' (engine overheating zone)
and displays the same temperature information as used by the OBD system.
    (iv) Monitoring conditions for the thermostat.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (i)(1)(ii)(A) of this section in
accordance with paragraph (c) of this section. Additionally, except as
provided for in paragraphs (i)(1)(iv)(B) and (i)(1)(iv)(C) of this
section, monitoring for malfunctions identified in paragraph
(i)(1)(ii)(A) of this section must be conducted once per drive cycle on
every drive cycle in which the ECT sensor indicates, at engine start, a
temperature lower than the temperature established as the malfunction
criteria in paragraph (i)(1)(ii)(A) of this section.
    (B) The manufacturer may disable thermostat monitoring at ambient
engine start temperatures below 20 degrees Fahrenheit.
    (C) The manufacturer may request Administrator approval to suspend
or disable thermostat monitoring if the engine is subjected to
conditions that could lead to false diagnosis. To do so, the
manufacturer must submit data and/or engineering analyses that
demonstrate that the suspension or disablement is necessary. In
general, the manufacturer will not be allowed to suspend or disable the
thermostat monitor on engine starts where the engine coolant
temperature at engine start is more than 35 degrees Fahrenheit lower
than the thermostat malfunction threshold temperature determined under
paragraph (i)(1)(ii)(A) of this paragraph (i)(1).
    (v) Monitoring conditions for the ECT sensor.
    (A) Except as provided for in paragraph (i)(1)(v)(E) of this
section, the OBD system must monitor continuously for malfunctions
identified in paragraph (i)(1)(iii)(A) of this section (i.e., circuit
integrity and out-of-range).
    (B) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (i)(1)(iii)(B) of this section in
accordance with paragraph (c) of this section. Additionally, except as
provided for in paragraph (i)(1)(v)(D) of this section, monitoring for
malfunctions identified in paragraph (i)(1)(iii)(B) of this section
must be conducted once per drive cycle on every drive cycle in which
the ECT sensor indicates a temperature lower than the closed-loop
enable temperature at engine start (i.e., all engine start temperatures
greater than the ECT sensor out-of-range low temperature and less than
the closed-loop enable temperature).
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraphs (i)(1)(iii)(C) and (i)(1)(iii)(D)
of this section in accordance with paragraphs (c) and (d) of this section.
    (D) The manufacturer may suspend or delay the monitor for the time
to reach closed-loop enable temperature if the engine is subjected to
conditions that could lead to false diagnosis (e.g., vehicle operation
at idle for more than 50 to 75 percent of the warm-up time).
    (E) The manufacturer may request Administrator approval to disable
continuous ECT sensor monitoring when an ECT sensor malfunction cannot
be distinguished from other effects. To do so, the manufacturer must
submit data and/or engineering analyses that demonstrate a properly
functioning sensor cannot be distinguished from a malfunctioning sensor
and that the disablement interval is limited only to that necessary for
avoiding false detection.
    (vi) Engine cooling system MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (2) Crankcase ventilation (CV) system monitoring.
    (i) General. The OBD system must monitor the CV system on engines
so equipped for system integrity. Engines not required to be equipped
with CV systems are exempt from monitoring the CV system. For diesel
engines, the manufacturer must submit a plan for Administrator prior to
OBD certification. That plan must include descriptions of the
monitoring strategy, malfunction criteria, and monitoring conditions
for CV system monitoring. The plan must demonstrate that the CV system
monitor is of equivalent effectiveness, to the extent feasible, to the
malfunction criteria and the monitoring conditions of this paragraph (i)(2).
    (ii) Crankcase ventilation system malfunction criteria.
    (A) For the purposes of this paragraph (i)(2), ``CV system'' is
defined as any form of crankcase ventilation system, regardless of
whether it utilizes positive pressure. ``CV valve'' is defined as any
form of valve or orifice used to restrict or control crankcase vapor
flow. Further, any additional external CV system tubing or hoses used
to equalize crankcase pressure or to provide a ventilation path between
various areas of the engine (e.g., crankcase and valve cover) are
considered part of the CV system ``between the crankcase and the CV
valve'' and subject to the malfunction criteria in paragraph
(i)(2)(ii)(B) of this section.
    (B) Except as provided for in paragraphs (i)(2)(ii)(C) through
(i)(2)(ii)(E) of this section, the OBD system must detect a malfunction
of the CV system when a disconnection of the system occurs between
either the crankcase and the CV valve, or between the CV valve and the
intake manifold.
    (C) The manufacturer may forego monitoring for a disconnection
between the crankcase and the CV valve provided the CV system is
designed such that the CV valve is fastened directly to the crankcase
such that it is significantly more difficult to remove the CV valve
from the crankcase than to disconnect the line between the CV valve and
the intake manifold (taking aging effects into consideration). To do
so, the manufacturer must be able to provide data and/or an engineering
evaluation demonstrating that the CV system is so designed.
    (D) The manufacturer may forego monitoring for a disconnection
between the crankcase and the CV valve provided the CV system is
designed such that it uses tubing connections between the CV valve and
the crankcase that are: resistant to deterioration or accidental
disconnection; significantly more difficult to disconnect than is the
line between the CV valve and the intake manifold; and, not subject to
disconnection per the manufacturer's repair procedures for any non-CV
system repair. To do so, the manufacturer must be able to provide data
and/or engineering evaluation demonstrating that the CV system is so
designed.
    (E) The manufacturer may forego monitoring for a disconnection
between the CV valve and the intake manifold provided the CV system is
designed such that any disconnection either causes the engine to stall
immediately during idle operation, or is unlikely to occur due to a CV
system design that is integral to the induction system (e.g., machined
passages rather than tubing or hoses). To do so, the manufacturer must
be able to provide data and/or an engineering evaluation demonstrating
that the CV system is so designed.
    (iii) Crankcase ventilation system monitoring conditions. The
manufacturer must define the monitoring conditions for malfunctions
identified in paragraph (i)(2) of this section in accordance with
paragraphs (c) and (d) of this section.

[[Page 3309]]

    (iv) Crankcase ventilation system MIL activation and DTC storage.
The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section. The stored DTC need not
identify specifically the CV system (e.g., a DTC for idle speed control
or fuel system monitoring can be stored) if the manufacturer can
demonstrate that additional monitoring hardware is necessary to make
such an identification and provided the manufacturer's diagnostic and
repair procedures for the detected malfunction include directions to
check the integrity of the CV system.
    (3) Comprehensive component monitoring.
    (i) General. Except as provided for in paragraph (i)(4) of this
section, the OBD system must detect a malfunction of any electronic
engine component or system not otherwise described in paragraphs (g),
(h), (i)(1), and (i)(2) of this section that either provides input to
(directly or indirectly, such components may include the crank angle
sensor, knock sensor, throttle position sensor, cam position sensor,
intake air temperature sensor, boost pressure sensor, manifold pressure
sensor, mass air flow sensor, exhaust temperature sensor, exhaust
pressure sensor, fuel pressure sensor, fuel composition sensor of a
flexible fuel vehicle, etc.) or receives commands from (such components
or systems may include the idle speed control system, glow plug system,
variable length intake manifold runner systems, supercharger or
turbocharger electronic components, heated fuel preparation systems,
the wait-to-start lamp on diesel applications, the MIL, etc.) the
onboard computer(s) and meets either of the criteria described in
paragraphs (i)(3)(i)(A) and/or (i)(3)(i)(B) of this section. Note that,
for the purposes of this paragraph (i)(3), ``electronic engine
component or system'' does not include components that are driven by
the engine and are not related to the control of the fueling, air
handling, or emissions of the engine (e.g., power take-off (PTO)
components, air conditioning system components, and power steering
components).
    (A) It can affect emissions during any reasonable in-use driving
condition. The manufacturer must be able to provide emission data
showing that the component or system, when malfunctioning and installed
on a suitable test engine, does not have an emission effect.
    (B) It is used as part of the monitoring strategy for any other
monitored system or component.
    (ii) Comprehensive component malfunction criteria for input components.
    (A) The OBD system must detect malfunctions of input components
caused by a lack of circuit continuity and out-of-range values. In
addition, where feasible, rationality checks must also be done and
shall verify that a sensor output is neither inappropriately high nor
inappropriately low (i.e., ``two-sided'' monitoring).
    (B) To the extent feasible, the OBD system must separately detect
and store different DTCs that distinguish rationality malfunctions from
lack of circuit continuity and out-of-range malfunctions. For lack of
circuit continuity and out-of-range malfunctions, the OBD system must,
to the extent feasible, separately detect and store different DTCs for
each distinct malfunction (e.g., out-of-range low, out-of-range high,
open circuit). The OBD system is not required to store separate DTCs
for lack of circuit continuity malfunctions that cannot be
distinguished from other out-of-range circuit malfunctions.
    (C) For input components that are used to activate alternative
strategies that can affect emissions (e.g., AECDs, engine shutdown
systems), the OBD system must conduct rationality checks to detect
malfunctions that cause the system to activate erroneously or
deactivate the alternative strategy. To the extent feasible when using
all available information, the rationality check must detect a
malfunction if the input component inappropriately indicates a value
that activates or deactivates the alternative strategy. For example,
for an alternative strategy that activates when the intake air
temperature is greater than 120 degrees Fahrenheit, the OBD system must
detect malfunctions that cause the intake air temperature sensor to
indicate inappropriately a temperature above 120 degrees Fahrenheit.
    (D) For engines that require precise alignment between the camshaft
and the crankshaft, the OBD system must monitor the crankshaft position
sensor(s) and camshaft position sensor(s) to verify proper alignment
between the camshaft and crankshaft in addition to monitoring the
sensors for circuit continuity and proper rationality. Proper alignment
monitoring between a camshaft and a crankshaft is required only in
cases where both are equipped with position sensors. For engines
equipped with VVT systems and a timing belt or chain, the OBD system
must detect a malfunction if the alignment between the camshaft and
crankshaft is off by one or more cam/crank sprocket cogs (e.g., the
timing belt/chain has slipped by one or more teeth/cogs). If a
manufacturer demonstrates that a single tooth/cog misalignment cannot
cause a measurable increase in emissions during any reasonable driving
condition, the OBD system must detect a malfunction when the minimum
number of teeth/cogs misalignment has occurred that does cause a
measurable emission increase.
    (iii) Comprehensive component malfunction criteria for output
components/systems.
    (A) The OBD system must detect a malfunction of an output
component/system when proper functional response does not occur in
response to computer commands. If such a functional check is not
feasible, the OBD system must detect malfunctions of output components/
systems caused by a lack of circuit continuity or circuit malfunction
(e.g., short to ground or high voltage). For output component lack of
circuit continuity malfunctions and circuit malfunctions, the OBD
system is not required to store different DTCs for each distinct
malfunction (e.g., open circuit, shorted low). Manufacturers are not
required to activate an output component/system when it would not
normally be active for the sole purpose of performing a functional
check of it as required in this paragraph (i)(3).
    (B) For gasoline engines, the idle control system must be monitored
for proper functional response to computer commands. For gasoline
engines using monitoring strategies based on deviation from target idle
speed, a malfunction must be detected when either of the following
conditions occurs: the idle speed control system cannot achieve the
target idle speed within 200 revolutions per minute (rpm) above the
target speed or 100 rpm below the target speed; or, the idle speed
control system cannot achieve the target idle speed within the smallest
engine speed tolerance range required by the OBD system to enable any
other monitors. Regarding the former of these conditions, the
manufacturer may use larger engine speed tolerances. To do so, the
manufacturer must be able to provide data and/or engineering analyses
that demonstrate that the tolerances can be exceeded without a
malfunction being present.
    (C) For diesel engines, the idle control system must be monitored
for proper functional response to computer commands. For diesel
engines, a malfunction must be detected when either of the following
conditions occurs: the idle fuel control system cannot achieve the
target idle speed or fuel injection quantity within ±50
percent of the manufacturer-specified fuel quantity and engine speed

[[Page 3310]]

tolerances; or, the idle fuel control system cannot achieve the target
idle speed or fueling quantity within the smallest engine speed or
fueling quantity tolerance range required by the OBD system to enable
any other monitors.
    (D) Glow plugs/intake air heater systems must be monitored for
proper functional response to computer commands and for circuit
continuity malfunctions. The glow plug/intake air heater circuit(s)
must be monitored for proper current and voltage drop. The manufacturer
may use other monitoring strategies but must be able to provide data
and/or engineering analyses that demonstrate reliable and timely
detection of malfunctions. The OBD system must also detect a
malfunction when a single glow plug no longer operates within the
manufacturer's specified limits for normal operation. If a manufacturer
can demonstrate that a single glow plug malfunction cannot cause a
measurable increase in emissions during any reasonable driving
condition, the OBD system must instead detect a malfunction when the
number of glow plugs needed to cause an emission increase is
malfunctioning. To the extent feasible, the stored DTC must identify
the specific malfunctioning glow plug(s).
    (E) The wait-to-start lamp circuit and the MIL circuit must be
monitored for malfunctions that cause either lamp to fail to activate
when commanded to do so (e.g., burned out bulb).
    (iv) Monitoring conditions for input components.
    (A) The OBD system must monitor input components continuously for
out-of-range values and circuit continuity. The manufacturer may
disable continuous monitoring for circuit continuity and out-of-range
values when a malfunction cannot be distinguished from other effects.
To do so, the manufacturer must be able to provide data and/or
engineering analyses that demonstrate that a properly functioning input
component cannot be distinguished from a malfunctioning input component
and that the disablement interval is limited only to that necessary for
avoiding false malfunction detection.
    (B) For input component rationality checks (where applicable), the
manufacturer must define the monitoring conditions for detecting
malfunctions in accordance with paragraphs (c) and (d) of this section,
with the exception that rationality checks must occur every time the
monitoring conditions are met during the drive cycle rather than once
per drive cycle as required in paragraph (c)(2) of this section.
    (v) Monitoring conditions for output components/systems.
    (A) The OBD system must monitor output components/systems
continuously for circuit continuity and circuit malfunctions. The
manufacturer may disable continuous monitoring for circuit continuity
and circuit malfunctions when a malfunction cannot be distinguished
from other effects. To do so, the manufacturer must be able to provide
data and/or engineering analyses that demonstrate that a properly
functioning output component/system cannot be distinguished from a
malfunctioning one and that the disablement interval is limited only to
that necessary for avoiding false malfunction detection.
    (B) For output component/system functional checks, the manufacturer
must define the monitoring conditions for detecting malfunctions in
accordance with paragraphs (c) and (d) of this section. Specifically
for the idle control system, the manufacturer must define the
monitoring conditions for detecting malfunctions in accordance with
paragraphs (c) and (d) of this section, with the exception that
functional checks must occur every time the monitoring conditions are
met during the drive cycle rather than once per drive cycle as required
in paragraph (c)(2) of this section.
    (vi) Comprehensive component MIL activation and DTC storage.
    (A) Except as provided for in paragraphs (i)(3)(vi)(B) and
(i)(3)(vi)(C) of this section, the MIL must activate and DTCs must be
stored according to the provisions of paragraph (b) of this section.
    (B) The MIL need not be activated in conjunction with storing a
MIL-on DTC for any comprehensive component if: the component or system,
when malfunctioning, could not cause engine emissions to increase by 15
percent or more of the applicable FTP standard during any reasonable
driving condition; or, the component or system is not used as part of
the monitoring strategy for any other system or component that is
required to be monitored.
    (C) The MIL need not be activated if a malfunction has been
detected in the MIL circuit that prevents the MIL from activating
(e.g., burned out bulb or light-emitting diode, LED). Nonetheless, the
electronic MIL status (see paragraph (k)(4)(ii) of this section) must
be reported as MIL commanded-on and a MIL-on DTC must be stored.
    (4) Other emission control system monitoring.
    (i) General. For other emission control systems that are either not
addressed in paragraphs (g) through (i)(3) of this section (e.g.,
hydrocarbon traps, homogeneous charge compression ignition control
systems), or addressed in paragraph (i)(3) of this section but not
corrected or compensated for by an adaptive control system (e.g., swirl
control valves), the manufacturer must submit a plan for Administrator
approval of the monitoring strategy, malfunction criteria, and
monitoring conditions prior to introduction on a production engine. The
plan must demonstrate the effectiveness of the monitoring strategy, the
malfunction criteria used, the monitoring conditions required by the
monitor, and, if applicable, the determination that the requirements of
paragraph (i)(4)(ii) of this section are satisfied.
    (ii) For engines that use emission control systems that alter
intake air flow or cylinder charge characteristics by actuating
valve(s), flap(s), etc., in the intake air delivery system (e.g., swirl
control valve systems), the manufacturer, in addition to meeting the
requirements of paragraph (i)(4)(i) of this section, may elect to have
the OBD system monitor the shaft to which all valves in one intake bank
are physically attached rather than performing a functional check of
the intake air flow, cylinder charge, or individual valve(s)/flap(s).
For non-metal shafts or segmented shafts, the monitor must verify all
shaft segments for proper functional response (e.g., by verifying that
the segment or portion of the shaft farthest from the actuator
functions properly). For systems that have more than one shaft to
operate valves in multiple intake banks, the manufacturer is not
required to add more than one set of detection hardware (e.g., sensor,
switch) per intake bank to meet this requirement.
    (5) Exceptions to OBD monitoring requirements.
    (i) The Administrator may revise the PM filtering performance
malfunction criteria for DPFs to exclude detection of specific failure
modes such as partially melted substrates, if the most reliable
monitoring method developed requires it.
    (ii) The manufacturer may disable an OBD system monitor at ambient
engine start temperatures below 20 degrees Fahrenheit (low ambient
temperature conditions may be determined based on intake air or engine
coolant temperature at engine start) or at elevations higher than 8,000
feet above sea level. To do so, the manufacturer must submit data and/
or engineering analyses that demonstrate that monitoring is

[[Page 3311]]

unreliable during the disable conditions. A manufacturer may request
that an OBD system monitor be disabled at other ambient engine start
temperatures by submitting data and/or engineering analyses
demonstrating that misdiagnosis would occur at the given ambient
temperatures due to their effect on the component itself (e.g.,
component freezing).
    (iii) The manufacturer may disable an OBD system monitor when the
fuel level is 15 percent or less of the nominal fuel tank capacity for
those monitors that can be affected by low fuel level or running out of
fuel (e.g., misfire detection). To do so, the manufacturer must submit
data and/or engineering analyses that demonstrate that monitoring at
the given fuel levels is unreliable, and that the OBD system is still
able to detect a malfunction if the component(s) used to determine fuel
level indicates erroneously a fuel level that causes the disablement.
    (iv) The manufacturer may disable OBD monitors that can be affected
by engine battery or system voltage levels.
    (A) For an OBD monitor affected by low vehicle battery or system
voltages, manufacturers may disable monitoring when the battery or
system voltage is below 11.0 Volts. The manufacturer may use a voltage
threshold higher than 11.0 Volts to disable monitors but must submit
data and/or engineering analyses that demonstrate that monitoring at
those voltages is unreliable and that either operation of a vehicle
below the disablement criteria for extended periods of time is unlikely
or the OBD system monitors the battery or system voltage and will
detect a malfunction at the voltage used to disable other monitors.
    (B) For an OBD monitor affected by high engine battery or system
voltages, the manufacturer may disable monitoring when the battery or
system voltage exceeds a manufacturer-defined voltage. To do so, the
manufacturer must submit data and/or engineering analyses that
demonstrate that monitoring above the manufacturer-defined voltage is
unreliable and that either the electrical charging system/alternator
warning light will be activated (or voltage gauge would be in the ``red
zone'') or the OBD system monitors the battery or system voltage and
will detect a malfunction at the voltage used to disable other monitors.
    (v) The manufacturer may also disable affected OBD monitors in
systems designed to accommodate the installation of power take off
(PTO) units provided monitors are disabled only while the PTO unit is
active and the OBD readiness status (see paragraph (k)(4)(i) of this
section) is cleared by the onboard computer (i.e., all monitors set to
indicate ``not complete'' or ``not ready'') while the PTO unit is
activated. If monitors are so disabled and when the disablement ends,
the readiness status may be restored to its state prior to PTO activation.
    (6) Feedback control system monitoring. If the engine is equipped
with feedback control of any of the systems covered in paragraphs (g),
(h) and (i) of this section, then the OBD system must detect as
malfunctions the conditions specified in this paragraph (i)(6) for each
of the individual feedback controls.
    (i) The OBD system must detect when the system fails to begin
feedback control within a manufacturer specified time interval.
    (ii) When any malfunction or deterioration causes open loop or
limp-home operation.
    (iii) When feedback control has used up all of the adjustment
allowed by the manufacturer.
    (iv) A manufacturer may temporarily disable monitoring for
malfunctions specified in paragraph (i)(6)(iii) of this section during
conditions that the specific monitor cannot distinguish robustly
between a malfunctioning system and a properly operating system. To do
so, the manufacturer is required to submit data and/or engineering
analyses demonstrating that the individual feedback control system,
when operating as designed on an engine with all emission controls
working properly, routinely operates during these conditions while
having used up all of the adjustment allowed by the manufacturer. In
lieu of detecting, with a system specific monitor, the malfunctions
specified in paragraphs (i)(6)(i) and (i)(6)(ii) of this section the
OBD system may monitor the individual parameters or components that are
used as inputs for individual feedback control systems provided that
the monitors detect all malfunctions that meet the criteria of
paragraphs (i)(6)(i) and (i)(6)(ii) of this section.
    (a) Production evaluation testing.
    (1) [Reserved.]
    (2) Verification of monitoring requirements.
    (i) Within either the first six months of the start of engine
production or the first three months of the start of vehicle
production, whichever is later, the manufacturer must conduct a
complete evaluation of the OBD system of one or more production
vehicles (test vehicles) and submit the results of the evaluation to
the Administrator.
    (ii) Selection of test vehicles.
    (A) For each engine selected for monitoring system demonstration in
paragraph (l) of this section, the manufacturer must evaluate one
production vehicle equipped with an engine from the same engine family
and rating as the demonstration engine. The vehicle selection must be
approved by the Administrator.
    (B) If the manufacturer is required to test more than one test
vehicle, the manufacturer may test an engine in lieu of a vehicle for
all but one of the required test vehicles.
    (C) The requirement for submittal of data from one or more of the
test vehicles may be waived if data have been submitted previously for
all of the engine ratings and variants.
    (iii) Evaluation requirements.
    (A) The evaluation must demonstrate the ability of the OBD system
on the selected test vehicle to detect a malfunction, activate the MIL,
and, where applicable, store an appropriate DTC readable by a scan tool
when a malfunction is present and the monitoring conditions have been
satisfied for each individual monitor required by this section.
    (B) The evaluation must verify that the malfunction of any
component used to enable another OBD monitor but that does not itself
result in MIL activation (e.g., fuel level sensor) will not inhibit the
ability of other OBD monitors to detect malfunctions properly.
    (C) The evaluation must verify that the software used to track the
numerator and denominator for the purpose of determining in-use monitoring
frequency increments as required by paragraph (d)(2) of this section.
    (D) Malfunctions may be implanted mechanically or simulated
electronically, but internal onboard computer hardware or software
changes shall not be used to simulate malfunctions. For monitors that
are required to indicate a malfunction before emissions exceed an
emission threshold, manufacturers are not required to use
malfunctioning components/systems set exactly at their malfunction
criteria limits. Emission testing is not required to confirm that the
malfunction is detected before the appropriate emission thresholds are
exceeded.
    (E) The manufacturer must submit a proposed test plan for approval
prior to performing evaluation testing. The test plan must identify the
method used to induce a malfunction for each monitor.
    (F) If the demonstration of a specific monitor cannot be reasonably
performed without causing physical damage to the test vehicle (e.g.,
onboard computer internal circuit malfunctions), the

[[Page 3312]]

manufacturer may omit the specific demonstration.
    (G) For evaluation of test vehicles selected in accordance with
paragraph (j)(2)(ii) of this section, the manufacturer is not required
to demonstrate monitors that were demonstrated prior to certification
as required in paragraph (l) of this section.
    (iv) The manufacturer must submit a report of the results of all
testing conducted as required by paragraph (j)(2) of this section. The
report must identify the method used to induce a malfunction in each
monitor, the MIL activation status, and the DTC(s) stored.
    (3) Verification of in-use monitoring performance ratios.
    (i) The manufacturer must collect and report in-use monitoring
performance data representative of production vehicles (i.e., engine
rating and chassis application combination). The manufacturer must
collect and report the data to the Administrator within 12 months after
the first production vehicle was first introduced into commerce.
    (ii) The manufacturer must separate production vehicles into the
monitoring performance groups and submit data that represents each of
these groups. The groups shall be based on the following criteria:
    (A) Emission control system architecture. All engines that use the
same or similar emissions control system architecture (e.g., EGR with
DPF and SCR; EGR with DPF and NOX adsorber; EGR with DPF-
only) and associated monitoring system would be in the same emission
architecture category.
    (B) Vehicle application type. Within an emission architecture
category, engines shall be separated into one of three vehicle
application types: engines intended primarily for line-haul chassis
applications, engines intended primarily for urban delivery chassis
applications, and all other engines.
    (iii) The manufacturer may use an alternative grouping method to
collect representative data. To do so, the manufacturer must show that
the alternative groups include production vehicles using similar
emission controls, OBD strategies, monitoring condition calibrations,
and vehicle application driving/usage patterns such that they are
expected to have similar in-use monitoring performance. The
manufacturer will still be required to submit one set of data for each
of the alternative groups.
    (iv) For each monitoring performance group, the data must include
all of the in-use performance tracking data (i.e., all numerators,
denominators, the general denominator, and the ignition cycle counter),
the date the data were collected, the odometer reading, the VIN, and
the calibration ID.
    (v) The manufacturer must submit a plan to the Administrator that
details the types of production vehicles in each monitoring performance
group, the number of vehicles per group to be sampled, the sampling
method, the timeline to collect the data, and the reporting format. The
plan must provide for effective collection of data from, at least, 15
vehicles per monitoring performance group and provide for data that
represent a broad range of temperature conditions. The plan shall not,
by design, exclude or include specific vehicles in an attempt to
collect data only from vehicles expected to have the highest in-use
performance ratios.
    (vi) The 12 month deadline for reporting may be extended to 18
months if the manufacturer can show that the delay is justified. In
such a case, an interim report of progress to date must be submitted
within the 12 month deadline.
    (k) Standardization requirements.
    (1) Reference materials. The OBD system must 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:
    (i) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers, Inc., 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
    (A) SAE J1930 ``Electrical/Electronic Systems Diagnostic Terms,
Definitions, Abbreviations, and Acronyms--Equivalent to ISO/TR 15031-
2:April 30, 2002,'' April 2002.
    (B) SAE J1939 ``Recommended Practice for a Serial Control and
Communications Vehicle Network'' and the associated subparts included
in SAE HS-1939, ``Truck and Bus Control and Communications Network
Standards Manual,'' 2006 Edition.
    (C) [Reserved.]
    (D) SAE J1978 ``OBD II Scan Tool--Equivalent to ISO/DIS 15031-4:
December 14, 2001,'' April 2002.
    (E) SAE J1979 ``E/E Diagnostic Test Modes--Equivalent to ISO/DIS
15031-5:April 30, 2002,'' April 2002.
    (F) SAE J2012 ``Diagnostic Trouble Code Definitions--Equivalent to
ISO/DIS 15031-6:April 30, 2002,'' April 2002.
    (G) SAE J2403 ``Medium/Heavy-Duty E/E Systems Diagnosis
Nomenclature,'' August 2004.
    (H) SAE J2534 ``Recommended Practice for Pass-Thru Vehicle
Reprogramming,'' February 2002.
    (ii) ISO materials. Copies of these materials may be obtained from
the International Organization for Standardization, Case Postale 56,
CH-1211 Geneva 20, Switzerland.
    (A) ISO 15765-4:2001 ``Road Vehicles-Diagnostics on Controller Area
Network (CAN)--Part 4: Requirements for emission-related systems,''
December 2001.
    (2) The manufacturer defined data link connector must be accessible
to a trained service technician.
    (3) [Reserved.]
    (4) Required emission related functions. The following functions
must be implemented and must be accessible by, at a minimum, a
manufacturer scan tool:
    (i) Ready status. The OBD system must indicate ``complete'' or
``not complete'' for each of the installed monitored components and
systems identified in paragraphs (g), (h) with the exception of (h)(4),
and (i)(3) of this section. All components or systems identified in
paragraphs (h)(1), (h)(2), or (i)(3) of this section that are monitored
continuously must always indicate ``complete.'' Components or systems
that are not subject to being monitored continuously must immediately
indicate ``complete'' upon the respective monitor(s) being executed
fully and determining that the component or system is not
malfunctioning. A component or system must also indicate ``complete''
if, after the requisite number of decisions necessary for determining
MIL status has been executed fully, the monitor indicates a malfunction
of the component or system. The status for each of the monitored
components or systems must indicate ``not complete'' whenever
diagnostic memory has been cleared or erased by a means other than that
allowed in paragraph (b) of this section. Normal vehicle shut down
(i.e., key-off/engine-off) shall not cause the status to indicate ``not
complete.''
    (A) The manufacturer may request that the ready status for a
monitor be set to indicate ``complete'' without the monitor having
completed if monitoring is disabled for a multiple number of drive
cycles due to the continued presence of extreme operating conditions
(e.g., cold ambient temperatures, high altitudes). Any such request
must specify the conditions for monitoring system disablement and the
number of drive cycles that would pass without monitor completion
before ready status would be indicated as ``complete.''

[[Page 3313]]

    (B) For the evaporative system monitor, the ready status must be
set in accordance with this paragraph (k)(4)(i) when both the
functional check of the purge valve and, if applicable, the leak
detection monitor of the hole size specified in paragraph (h)(7)(ii)(B)
of this section indicate that they are complete.
    (C) If the manufacturer elects to indicate ready status through the
MIL in the key-on/engine-off position as provided for in paragraph
(b)(1)(iii) of this section, the ready status must be indicated in the
following manner: If the ready status for all monitored components or
systems is ``complete,'' the MIL shall remain continuously activated in
the key-on/engine-off position for at least 10-20 seconds. If the ready
status for one or more of the monitored components or systems is ``not
complete,'' after at least 5 seconds of operation in the key-on/engine-
off position with the MIL activated continuously, the MIL shall blink
once per second for 5-10 seconds. The data stream value for MIL status
as required in paragraph (k)(4)(ii) of this section must indicate
``commanded off'' during this sequence unless the MIL has also been
``commanded on'' for a detected malfunction.
    (ii) Data stream. The following signals must be made available on
demand through the data link connector. The actual signal value must
always be used instead of a limp home value.
    (A) For gasoline engines.
    (1) Calculated load value, engine coolant temperature, engine
speed, vehicle speed, and time elapsed since engine start.
    (2) Absolute load, fuel level (if used to enable or disable any
other monitors), barometric pressure (directly measured or estimated),
engine control module system voltage, and commanded equivalence ratio.
    (3) Number of stored MIL-on DTCs, catalyst temperature (if directly
measured or estimated for purposes of enabling the catalyst
monitor(s)), monitor status (i.e., disabled for the rest of this drive
cycle, complete this drive cycle, or not complete this drive cycle)
since last engine shut-off for each monitor used for ready status,
distance traveled (or engine run time for engines not using vehicle
speed information) while MIL activated, distance traveled (or engine
run time for engines not using vehicle speed information) since DTC
memory last erased, and number of warm-up cycles since DTC memory last
erased, OBD requirements to which the engine is certified (e.g.,
California OBD, EPA OBD, European OBD, non-OBD) and MIL status (i.e.,
commanded-on or commanded-off).
    (B) For diesel engines.
    (1) Calculated load (engine torque as a percentage of maximum
torque available at the current engine speed), driver's demand engine
torque (as a percentage of maximum engine torque), actual engine torque
(as a percentage of maximum engine torque), reference engine maximum
torque, reference maximum engine torque as a function of engine speed
(suspect parameter numbers (SPN) 539 through 543 defined by SAE J1939
within parameter group number (PGN) 65251 for engine configuration),
engine coolant temperature, engine oil temperature (if used for
emission control or any OBD monitors), engine speed, and time elapsed
since engine start.
    (2) Fuel level (if used to enable or disable any other monitors),
vehicle speed (if used for emission control or any OBD monitors),
barometric pressure (directly measured or estimated), and engine
control module system voltage.
    (3) Number of stored MIL-on DTCs, monitor status (i.e., disabled
for the rest of this drive cycle, complete this drive cycle, or not
complete this drive cycle) since last engine shut-off for each monitor
used for ready status, distance traveled (or engine run time for
engines not using vehicle speed information) while MIL activated,
distance traveled (or engine run time for engines not using vehicle
speed information) since DTC memory last erased, number of warm-up
cycles since DTC memory last erased, OBD requirements to which the
engine is certified (e.g., California OBD, EPA OBD, European OBD, non-
OBD), and MIL status (i.e., commanded-on or commanded-off).
    (4) NOX NTE control area status (i.e., inside control
area, outside control area, inside manufacturer-specific NOX
NTE carve-out area, or deficiency active area) and PM NTE control area
status (i.e., inside control area, outside control area, inside
manufacturer-specific PM NTE carve-out area, or deficiency active area).
    (5) For purposes of the calculated load and torque parameters in
paragraph (k)(4)(ii)(B)(1) of this section, manufacturers must report
the most accurate values that are calculated within the applicable
electronic control unit (e.g., the engine control module). Most
accurate, in this context, must be of sufficient accuracy, resolution,
and filtering to be used for the purposes of in-use emission testing
with the engine still in a vehicle (e.g., using portable emission
measurement equipment).
    (C) For all engines so equipped.
    (1) Absolute throttle position, relative throttle position, fuel
control system status (e.g., open loop, closed loop), fuel trim, fuel
pressure, ignition timing advance, fuel injection timing, intake air/
manifold temperature, engine intercooler temperature, manifold absolute
pressure, air flow rate from mass air flow sensor, secondary air status
(upstream, downstream, or atmosphere), ambient air temperature,
commanded purge valve duty cycle/position, commanded EGR valve duty
cycle/position, actual EGR valve duty cycle/position, EGR error between
actual and commanded, PTO status (active or not active), redundant
absolute throttle position (for electronic throttle or other systems
that utilize two or more sensors), absolute pedal position, redundant
absolute pedal position, commanded throttle motor position, fuel rate,
boost pressure, commanded/target boost pressure, turbo inlet air
temperature, fuel rail pressure, commanded fuel rail pressure, DPF
inlet pressure, DPF inlet temperature, DPF outlet pressure, DPF outlet
temperature, DPF delta pressure, exhaust pressure sensor output,
exhaust gas temperature sensor output, injection control pressure,
commanded injection control pressure, turbocharger/turbine speed,
variable geometry turbo position, commanded variable geometry turbo
position, turbocharger compressor inlet temperature, turbocharger
compressor inlet pressure, turbocharger turbine inlet temperature,
turbocharger turbine outlet temperature, waste gate valve position, and
glow plug lamp status.
    (2) Oxygen sensor output, air/fuel ratio sensor output,
NOX sensor output, and evaporative system vapor pressure.
    (iii) Freeze frame.
    (A) ``Freeze frame'' information required to be stored pursuant to
paragraphs (b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) of this section
must be made available on demand through the data link connector.
    (B) ``Freeze frame'' conditions must include the DTC that caused
the data to be stored along with all of the signals required in
paragraphs (k)(4)(ii)(A)(1) or (k)(4)(ii)(B)(1) of this section. Freeze
frame conditions must also include all of the signals required on the
engine in paragraphs (k)(4)(ii)(A)(2) and (k)(4)(ii)(B)(2) of this
section, and paragraph (k)(4)(ii)(C)(1) of this section that are used
for diagnostic or control purposes in the specific monitor or emission-
critical powertrain control unit that stored the DTC.
    (C) Only one frame of data is required to be recorded. The
manufacturer may choose to store additional frames provided that at
least the required frame

[[Page 3314]]

can be read by, at a minimum, a manufacturer scan tool.
    (iv) Diagnostic trouble codes.
    (A) For all monitored components and systems, any stored pending,
MIL-on, and previous-MIL-on DTCs must be made available through the
diagnostic connector.
    (B) The stored DTC must, to the extent possible, pinpoint the
probable cause of the malfunction or potential malfunction. To the
extent feasible, the manufacturer must use separate DTCs for every
monitor where the monitor and repair procedure or probable cause of the
malfunction is different. In general, rationality and functional checks
must use different DTCs than the respective circuit integrity checks.
Additionally, input component circuit integrity checks must use
different DTCs for distinct malfunctions (e.g., out-of-range low, out-
of-range high, open circuit).
    (C) The manufacturer must use appropriate standard-defined DTCs
whenever possible. With Administrator approval, the manufacturer may
use manufacturer-defined DTCs in accordance with the applicable
standard's specifications. To do so, the manufacturer must be able to
show a lack of available standard-defined DTCs, uniqueness of the
monitor or monitored component, expected future usage of the monitor or
component, and estimated usefulness in providing additional diagnostic
and repair information to service technicians. Manufacturer-defined
DTCs must be used in a consistent manner (i.e., the same DTC shall not
be used to represent two different failure modes) across a
manufacturer's entire product line.
    (D) A pending or MIL-on DTC (as required in paragraphs (g) through
(i) of this section) must be stored and available to, at a minimum, a
manufacturer scan tool within 10 seconds after a monitor has determined
that a malfunction or potential malfunction has occurred. A permanent
DTC must be stored and available to, at a minimum, a manufacturer scan
tool no later than the end of an ignition cycle in which the
corresponding MIL-on DTC that caused MIL activation has been stored.
    (E) Pending DTCs for all components and systems (including those
monitored continuously and non-continuously) must be made available
through the diagnostic connector. A manufacturer using alternative
statistical protocols for MIL activation as allowed in paragraph
(b)(2)(iii) of this section must submit the details of their protocol
for setting pending DTCs. The protocol must be, overall, equivalent to
the requirements of this paragraph (k)(4)(iv)(E) and provide service
technicians with a quick and accurate indication of a potential malfunction.
    (F) Permanent DTC for all components and systems must be made
available through the diagnostic connector in a format that
distinguishes permanent DTCs from pending DTCs, MIL-on DTCs, and
previous-MIL-on DTCs. A MIL-on DTC must be stored as a permanent DTC no
later than the end of the ignition cycle and subsequently at all times
that the MIL-on DTC is commanding the MIL on. Permanent DTCs must be
stored in non-volatile random access memory (NVRAM) and shall not be
erasable by any scan tool command or by disconnecting power to the on-
board computer. Permanent DTCs must be erasable if the engine control
module is reprogrammed and the ready status described in paragraph
(k)(4)(i) of this section for all monitored components and systems are
set to ``not complete.'' The OBD system must have the ability to store
a minimum of four current MIL-on DTCs as permanent DTCs in NVRAM. If
the number of MIL-on DTCs currently commanding activation of the MIL
exceeds the maximum number of permanent DTCs that can be stored, the
OBD system must store the earliest detected MIL-on DTC as permanent
DTC. If additional MIL-on DTCs are stored when the maximum number of
permanent DTCs is already stored in NVRAM, the OBD system shall not
replace any existing permanent DTC with the additional MIL-on DTCs.
    (v) Test results.
    (A) Except as provided for in paragraph (k)(4)(v)(G) of this
section, for all monitored components and systems identified in
paragraphs (g) and (h) of this section, results of the most recent
monitoring of the components and systems and the test limits
established for monitoring the respective components and systems must
be stored and available through the data link.
    (B) The test results must be reported such that properly
functioning components and systems (e.g., ``passing'' systems) do not
store test values outside of the established test limits. Test limits
must include both minimum and maximum acceptable values and must be
defined so that a test result equal to either test limit is a
``passing'' value, not a ``failing'' value.
    (C) [Reserved.]
    (D) The test results must be stored until updated by a more recent
valid test result or the DTC memory of the OBD system computer is
cleared. Upon DTC memory being cleared, test results reported for
monitors that have not yet completed with valid test results since the
last time the fault memory was cleared must report values of zero for
the test result and test limits.
    (E) All test results and test limits must always be reported and
the test results must be stored until updated by a more recent valid
test result or the DTC memory of the OBD system computer is cleared.
    (F) The OBD system must store and report unique test results for
each separate monitor.
    (G) The requirements of this paragraph (k)(4)(v) do not apply to
continuous fuel system monitoring, cold start emission reduction
strategy monitoring, and continuous circuit monitoring.
    (vi) Software calibration identification (CAL ID). On all engines,
a single software calibration identification number (CAL ID) for each
monitor or emission critical control unit(s) must be made available
through the data link connector. A unique CAL ID must be used for every
emission-related calibration and/or software set having at least one
bit of different data from any other emission-related calibration and/
or software set. Control units coded with multiple emission or
diagnostic calibrations and/or software sets must indicate a unique CAL
ID for each variant in a manner that enables an off-board device to
determine which variant is being used by the vehicle. Control units
that use a strategy that will result in MIL activation if the incorrect
variant is used (e.g., control units that contain variants for manual
and automatic transmissions but will activate the MIL if the selected
variant does not match the type of transmission mated to the engine)
are not required to use unique CAL IDs.
    (vii) Software calibration verification number (CVN).
    (A) All engines must use an algorithm to calculate a single
calibration verification number (CVN) that verifies the on-board
computer software integrity for each monitor or emission critical
control unit that is electronically reprogrammable. The CVN must be
made available through the data link connector. The CVN must indicate
whether the emission-related software and/or calibration data are valid
and applicable for the given vehicle and CAL ID.
    (B) The CVN algorithm used to calculate the CVN must be of
sufficient complexity that the same CVN is difficult to achieve with
modified calibration values.
    (C) The CVN must be calculated at least once per drive cycle and
stored until the CVN is subsequently updated. Except for immediately after a

[[Page 3315]]

reprogramming event or a non-volatile memory clear or for the first 30
seconds of engine operation after a volatile memory clear or battery
disconnect, the stored value must be made available through the data
link connector to, at a minimum, a manufacturer scan tool. The stored
CVN value shall not be erased when DTC memory is erased or during
normal vehicle shut down (i.e., key-off/engine-off).
    (D) [Reserved.]
    (viii) Vehicle identification number (VIN).
    (A) All vehicles must have the vehicle identification number (VIN)
available through the data link connector to, at a minimum, a
manufacturer scan tool. Only one electronic control unit per vehicle
may report the VIN to a scan tool.
    (B) If the VIN is reprogrammable, all emission-related diagnostic
information identified in paragraph (k)(4)(ix)(A) of this section must
be erased in conjunction with reprogramming of the VIN.
    (ix) Erasure of diagnostic information.
    (A) For purposes of this paragraph (k)(4)(ix), ``emission-related
diagnostic information'' includes all of the following: ready status as
required by paragraph (k)(4)(i) of this section; data stream
information as required by paragraph (k)(4)(ii) of this section
including the number of stored MIL-on DTCs, distance traveled while MIL
activated, number of warm-up cycles since DTC memory last erased, and
distance traveled since DTC memory last erased; freeze frame
information as required by paragraph (k)(4)(iii) of this section;
pending, MIL-on, and previous-MIL-on DTCs as required by paragraph
(k)(4)(iv) of this section; and, test results as required by paragraph
(k)(4)(v) of this section.
    (B) For all engines, the emission-related diagnostic information
must be erased if commanded by any scan tool and may be erased if the
power to the on-board computer is disconnected. If any of the emission-
related diagnostic information is commanded to be erased by any scan
tool, all emission-related diagnostic information must be erased from
all diagnostic or emission critical control units. The OBD system shall
not allow a scan tool to erase a subset of the emission-related
diagnostic information (e.g., the OBD system shall not allow a scan
tool to erase only one of three stored DTCs or only information from
one control unit without erasing information from the other control unit(s)).
    (5) In-use performance ratio tracking requirements.
    (i) For each monitor required in paragraphs (g) through (i) of this
section to separately report an in-use performance ratio, manufacturers
must implement software algorithms to report a numerator and denominator.
    (ii) For the numerator, denominator, general denominator, and
ignition cycle counters required by paragraph (e) of this section, the
following numerical value specifications apply:
    (A) Each number shall have a minimum value of zero and a maximum
value of 65,535 with a resolution of one.
    (B) Each number shall be reset to zero only when a non-volatile
random access memory (NVRAM) reset occurs (e.g., reprogramming event)
or, if the numbers are stored in keep-alive memory (KAM), when KAM is
lost due to an interruption in electrical power to the control unit
(e.g., battery disconnect). Numbers shall not be reset to zero under
any other circumstances including when a scan tool command to clear
DTCs or reset KAM is received.
    (C) To avoid overflow problems, if either the numerator or
denominator for a specific component reaches the maximum value of
65,535 ±2, both numbers shall be divided by two before
either is incremented again.
    (D) To avoid overflow problems, if the ignition cycle counter
reaches the maximum value of 65,535 ±2, the ignition cycle
counter shall roll over and increment to zero on the next ignition cycle.
    (E) To avoid overflow problems, if the general denominator reaches
the maximum value of 65,535 ±2, the general denominator
shall roll over and increment to zero on the next drive cycle that
meets the general denominator definition.
    (F) If a vehicle is not equipped with a component (e.g., oxygen
sensor bank 2, secondary air system), the corresponding numerator and
denominator for that specific component shall always be reported as zero.
    (iii) For the ratio required by paragraph (e) of this section, the
following numerical value specifications apply:
    (A) The ratio shall have a minimum value of zero and a maximum
value of 7.99527 with a resolution of 0.000122.
    (B) The ratio for a specific component shall be considered to be
zero whenever the corresponding numerator is equal to zero and the
corresponding denominator is not zero.
    (C) The ratio for a specific component shall be considered to be
the maximum value of 7.99527 if the corresponding denominator is zero
or if the actual value of the numerator divided by the denominator
exceeds the maximum value of 7.99527.
    (6) Engine run time tracking requirements.
    (i) For all gasoline and diesel engines, the manufacturer must
implement software algorithms to track and report individually the
amount of time the engine has been operated in the following conditions:
    (A) Total engine run time.
    (B) Total idle run time (with ``idle'' defined as accelerator pedal
released by the driver, vehicle speed less than or equal to one mile
per hour, engine speed greater than or equal to 50 to 150 rpm below the
normal, warmed-up idle speed (as determined in the drive position for
vehicles equipped with an automatic transmission), and power take-off
not active).
    (C) Total run time with power take off active.
    (ii) For each counter specified in paragraph (k)(6)(i) of this
section, the following numerical value specifications apply:
    (A) Each number shall be a four-byte value with a minimum value of
zero, a resolution of one second per bit, and an accuracy of < plus-
minus> ten seconds per drive cycle.
    (B) Each number shall be reset to zero only when a non-volatile
memory reset occurs (e.g., reprogramming event). Numbers shall not be
reset to zero under any other circumstances including when a scan tool
(generic or enhanced) command to clear fault codes or reset KAM is received.
    (C) To avoid overflow problems, if any of the individual counters
reach the maximum value, all counters shall be divided by two before
any are incremented again.
    (D) The counters shall be made available to, at a minimum, a
manufacturer scan tool and may be rescaled when transmitted from a
resolution of one second per bit to no more than three minutes per bit.
    (l) Monitoring system demonstration requirements for certification.
    (1) General.
    (i) The manufacturer must submit emissions test data from one or
more durability demonstration test engines (test engines).
    (ii) The Administrator may approve other demonstration protocols if
the manufacturer can provide comparable assurance that the malfunction
criteria are chosen based on meeting the malfunction criteria
requirements and that the timeliness of malfunction detection is within
the constraints of the applicable monitoring requirements.
    (iii) For flexible fuel engines capable of operating on more than
one fuel or

[[Page 3316]]

fuel combinations, the manufacturer must submit a plan for providing
emission test data. The plan must demonstrate that testing will
represent properly the expected in-use fuel or fuel combinations.
    (2) Selection of test engines.
    (i) Prior to submitting any applications for certification for a
model year, the manufacturer must notify the Administrator regarding
the planned engine families and engine ratings within each family for
that model year. The Administrator will select the engine family(ies)
and the specific engine rating within the engine family(ies) that the
manufacturer shall use as demonstration test engines. The selection of
test vehicles for production evaluation testing as specified in paragraph
(j)(2) of this section may take place during this selection process.
    (ii) The manufacturer must provide emissions test data from the OBD
parent rating as defined in paragraph (o)(1) of this section.
    (iii) For the test engine, the manufacturer must use an engine aged
for a minimum of 125 hours fitted with exhaust aftertreatment emission
controls aged to be representative of useful life aging. The
manufacturer is required to submit a description of the accelerated
aging process and/or supporting data. The process and/or data must
demonstrate assurance that deterioration of the exhaust aftertreatment
emission controls is stabilized sufficiently such that it represents
emission control performance at the end of the useful life.
    (3) Required testing. Except as otherwise described in this
paragraph (l)(3), the manufacturer must perform single malfunction
testing based on the applicable test with the components/systems set at
their malfunction criteria limits as determined by the manufacturer for
meeting the emissions thresholds required in paragraphs (g), (h), and
(i) of this section.
    (i) Required testing for diesel-fueled/compression ignition engines.
    (A) Fuel system. The manufacturer must perform a separate test for
each malfunction limit established by the manufacturer for the fuel
system parameters (e.g., fuel pressure, injection timing) specified in
paragraphs (g)(1)(ii)(A) through (g)(1)(ii)(C) of this section. When
performing a test for a specific parameter, the fuel system must be
operating at the malfunction criteria limit for the applicable
parameter only. All other parameters must be operating with normal
characteristics. In conducting the fuel system demonstration tests, the
manufacturer may use computer modifications to cause the fuel system to
operate at the malfunction limit if the manufacturer can demonstrate
that the computer modifications produce test results equivalent to an
induced hardware malfunction.
    (B) [Reserved.]
    (C) EGR system. The manufacturer must perform a separate test for
each malfunction limit established by the manufacturer for the EGR
system parameters (e.g., low flow, high flow, slow response) specified
in paragraphs (g)(3)(ii)(A) through (g)(3)(ii)(C) of this section and
in (g)(3)(ii)(E) of this section. In conducting the EGR system slow
response demonstration tests, the manufacturer may use computer
modifications to cause the EGR system to operate at the malfunction
limit if the manufacturer can demonstrate that the computer modifications
produce test results equivalent to an induced hardware malfunction.
    (D) Turbo boost control system. The manufacturer must perform a
separate test for each malfunction limit established by the
manufacturer for the turbo boost control system parameters (e.g.,
underboost, overboost, response) specified in paragraphs (g)(4)(ii)(A)
through (g)(4)(ii)(C) of this section and in (g)(4)(ii)(E) of this section.
    (E) NMHC catalyst. The manufacturer must perform a separate test
for each monitored NMHC catalyst(s). The catalyst(s) being evaluated
must be deteriorated to the applicable malfunction limit established by
the manufacturer for the monitoring required by paragraph (g)(5)(ii)(A)
of this section and using methods established by the manufacturer in
accordance with paragraph (l)(7) of this section. For each monitored
NMHC catalyst(s), the manufacturer must also demonstrate that the OBD
system will detect a catalyst malfunction with the catalyst at its
maximum level of deterioration (i.e., the substrate(s) completely
removed from the catalyst container or ``empty'' can). Emissions data
are not required for the empty can demonstration.
    (F) NOX catalyst. The manufacturer must perform a
separate test for each monitored NOX catalyst(s) (e.g., SCR
catalyst). The catalyst(s) being evaluated must be deteriorated to the
applicable malfunction criteria established by the manufacturer for the
monitoring required by paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(B) of
this section and using methods established by the manufacturer in
accordance with paragraph (l)(7) of this section. For each monitored
NOX catalyst(s), the manufacturer must also demonstrate that
the OBD system will detect a catalyst malfunction with the catalyst at
its maximum level of deterioration (i.e., the substrate(s) completely
removed from the catalyst container or ``empty'' can). Emissions data
are not required for the empty can demonstration.
    (G) NOX adsorber. The manufacturer must perform a test
using a NOX adsorber(s) deteriorated to the applicable
malfunction limit established by the manufacturer for the monitoring
required by paragraph (g)(7)(ii)(A) of this section. The manufacturer
must also demonstrate that the OBD system will detect a NOX
adsorber malfunction with the NOX adsorber at its maximum
level of deterioration (i.e., the substrate(s) completely removed from
the container or ``empty'' can). Emissions data are not required for
the empty can demonstration.
    (H) Diesel particulate filter. The manufacturer must perform a
separate test using a DPF deteriorated to the applicable malfunction
limits established by the manufacturer for the monitoring required by
paragraphs (g)(8)(ii)(A), (g)(8)(ii)(B), and (g)(8)(ii)(D) of this
section. The manufacturer must also demonstrate that the OBD system
will detect a DPF malfunction with the DPF at its maximum level of
deterioration (i.e., the filter(s) completely removed from the filter
container or ``empty'' can). Emissions data are not required for the
empty can demonstration.
    (I) Exhaust gas sensor. The manufacturer must perform a separate
test for each malfunction limit established by the manufacturer for the
monitoring required in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), and
(g)(9)(iv)(A) of this section. When performing a test, all exhaust gas
sensors used for the same purpose (e.g., for the same feedback control
loop, for the same control feature on parallel exhaust banks) must be
operating at the malfunction criteria limit for the applicable
parameter only. All other exhaust gas sensor parameters must be
operating with normal characteristics.
    (J) VVT system. The manufacturer must perform a separate test for
each malfunction limit established by the manufacturer for the
monitoring required in paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of
this section. In conducting the VVT system demonstration tests, the
manufacturer may use computer modifications to cause the VVT system to
operate at the malfunction limit if the manufacturer can demonstrate
that the computer modifications produce test results equivalent to an
induced hardware malfunction.

[[Page 3317]]

    (K) For each of the testing requirements of this paragraph
(l)(3)(i), if the manufacturer has established that only a functional
check is required because no failure or deterioration of the specific
tested system could result in an engine's emissions exceeding the
applicable emissions thresholds, the manufacturer is not required to
perform a demonstration test; however, the manufacturer is required to
provide the data and/or engineering analysis used to determine that
only a functional test of the system(s) is required.
    (ii) Required testing for gasoline-fueled/spark-ignition engines.
    (A) Fuel system. For engines with adaptive feedback based on the
primary fuel control sensor(s), the manufacturer must perform a test
with the adaptive feedback based on the primary fuel control sensor(s)
at the rich limit(s) and a test at the lean limit(s) established by the
manufacturer as required by paragraph (h)(1)(ii)(A) of this section to
detect a malfunction before emissions exceed applicable emissions
thresholds. For engines with feedback based on a secondary fuel control
sensor(s) and subject to the malfunction criteria in paragraph
(h)(1)(ii)(A) of this section, the manufacturer must perform a test
with the feedback based on the secondary fuel control sensor(s) at the
rich limit(s) and a test at the lean limit(s) established by the
manufacturer as required by paragraph (h)(1)(ii)(A) of this section to
detect a malfunction before emissions exceed the applicable emissions
thresholds. For other fuel metering or control systems, the
manufacturer must perform a test at the criteria limit(s). For purposes
of fuel system testing as required by this paragraph (l)(3)(ii)(A), the
malfunction(s) induced may result in a uniform distribution of fuel and
air among the cylinders. Non uniform distribution of fuel and air used
to induce a malfunction shall not cause misfire. In conducting the fuel
system demonstration tests, the manufacturer may use computer
modifications to cause the fuel system to operate at the malfunction
limit. To do so, the manufacturer must be able to demonstrate that the
computer modifications produce test results equivalent to an induced
hardware malfunction.
    (B) Misfire. The manufacturer must perform a test at the malfunction
criteria limit specified in paragraph (h)(2)(ii)(B) of this section.
    (C) EGR system. The manufacturer must perform a test at each flow
limit calibrated to the malfunction criteria specified in paragraphs
(h)(3)(ii)(A) and (h)(3)(ii)(B) of this section.
    (D) Cold start emission reduction strategy. The manufacturer must
perform a test at the malfunction criteria for each component monitored
according to paragraph (h)(4)(ii)(A) of this section.
    (E) Secondary air system. The manufacturer must perform a test at
each flow limit calibrated to the malfunction criteria specified in
paragraphs (h)(5)(ii)(A) and (h)(5)(ii)(B) of this section.
    (F) Catalyst. The manufacturer must perform a test using a catalyst
system deteriorated to the malfunction criteria specified in paragraph
(h)(6)(ii) of this section using methods established by the
manufacturer in accordance with paragraph (l)(7)(ii) of this section.
The manufacturer must also demonstrate that the OBD system will detect
a catalyst system malfunction with the catalyst system at its maximum
level of deterioration (i.e., the substrate(s) completely removed from
the catalyst container or ``empty'' can). Emission data are not
required for the empty can demonstration.
    (G) Exhaust gas sensor. The manufacturer must perform a test with
all primary exhaust gas sensors used for fuel control simultaneously
possessing a response rate deteriorated to the malfunction criteria
limit specified in paragraph (h)(8)(ii)(A) of this section. The
manufacturer must also perform a test for any other primary or
secondary exhaust gas sensor parameter under parargraphs (h)(8)(ii)(A)
and (h)(8)(iii)(A) of this section that can cause engine emissions to
exceed the applicable emissions thresholds (e.g., shift in air/fuel
ratio at which oxygen sensor switches, decreased amplitude). When
performing additional test(s), all primary and secondary (if
applicable) exhaust gas sensors used for emission control must be
operating at the malfunction criteria limit for the applicable
parameter only. All other primary and secondary exhaust gas sensor
parameters must be operating with normal characteristics.
    (H) VVT system. The manufacturer must perform a test at each target
error limit and slow response limit calibrated to the malfunction
criteria specified in (h)(9)(ii)(A) and (h)(9)(ii)(B) of this section.
In conducting the VVT system demonstration tests, the manufacturer may
use computer modifications to cause the VVT system to operate at the
malfunction limit. To do so, the manufacturer must be able to
demonstrate that the computer modifications produce test results
equivalent to an induced hardware malfunction.
    (I) For each of the testing requirements of this paragraph
(l)(3)(ii), if the manufacturer has established that only a functional
check is required because no failure or deterioration of the specific
tested system could cause an engine's emissions to exceed the
applicable emissions thresholds, the manufacturer is not required to
perform a demonstration test; however the manufacturer is required to
provide the data and/or engineering analyses used to determine that
only a functional test of the system(s) is required.
    (iii) Required testing for all engines.
    (A) Other emission control systems. The manufacturer must conduct
demonstration tests for all other emission control components (e.g.,
hydrocarbon traps, adsorbers) designed and calibrated to a malfunction
limit based on an emissions threshold based on the requirements of
paragraph (i)(4) of this section.
    (B) For each of the testing requirements of paragraph
(l)(3)(iii)(A) of this section, if the manufacturer has established
that only a functional check is required because no failure or
deterioration of the specific tested system could result in an engine's
emissions exceeding the applicable emissions thresholds, the
manufacturer is not required to perform a demonstration test; however,
the manufacturer is required to provide the data and/or engineering
analysis used to determine that only a functional test of the system(s)
is required.
    (iv) The manufacturer may electronically simulate deteriorated
components but shall not make any engine control unit modifications
when performing demonstration tests unless approved by the
Administrator. All equipment necessary to duplicate the demonstration
test must be made available to the Administrator upon request.
    (4) Testing protocol.
    (i) Preconditioning. The manufacturer must use an applicable cycle
for preconditioning test engines prior to conducting each of the
emission tests required by paragraph (l)(3) of this section. The
manufacturer may perform a single additional preconditioning cycle,
identical to the initial one, after a 20 minute hot soak but must
demonstrate that such an additional cycle is necessary to stabilize the
emissions control system. A practice of requiring a cold soak prior to
conducting preconditioning cycles is not permitted.
    (ii) Test sequence.
    (A) The manufacturer must set individually each system or component
on the test engine at the malfunction

[[Page 3318]]

criteria limit prior to conducting the applicable preconditioning
cycle(s). If a second preconditioning cycle is permitted in accordance
with paragraph (l)(4)(i) of this section, the manufacturer may adjust
the system or component to be tested before conducting the second
preconditioning cycle. The manufacturer shall not replace, modify, or
adjust the system or component after the last preconditioning cycle has
been completed.
    (B) After preconditioning, the test engine must be operated over
the applicable cycle to allow for the initial detection of the tested
system or component malfunction. This test cycle may be omitted from
the testing protocol if it is unnecessary. If required by the
monitoring strategy being tested, a cold soak may be performed prior to
conducting this test cycle.
    (C) The test engine must then be operated over the applicable
exhaust emissions test.
    (iii) [Reserved.]
    (iv) The manufacturer may request approval to use an alternative
testing protocol for demonstration of MIL activation if the engine
dynamometer emission test cycle does not allow all of a given monitor's
enable conditions to be satisfied. The manufacturer may request the use
of an alternative engine dynamometer test cycle or the use of chassis
testing to demonstrate proper MIL activation. To do so, the
manufacturer must demonstrate the technical necessity for using an
alternative test cycle and the degree to which the alternative test
cycle demonstrates that in-use operation with the malfunctioning
component will result in proper MIL activation.
    (5) Evaluation protocol. Full OBD engine ratings, as defined by
paragraph (o)(1) of this section, shall be evaluated according to the
following protocol:
    (i) For all tests conducted as required by paragraph (l) of this
section, the MIL must activate before the end of the first engine start
portion of the applicable test.
    (ii) If the MIL activates prior to emissions exceeding the
applicable malfunction criteria limits specified in paragraphs (g)
through (i) of this section, no further demonstration is required. With
respect to the misfire monitor demonstration test, if the manufacturer
has elected to use the minimum misfire malfunction criteria of one
percent as allowed in paragraph (h)(2)(ii)(B) of this section, no
further demonstration is required provided the MIL activates with
engine misfire occurring at the malfunction criteria limit.
    (iii) If the MIL does not activate when the system or component is
set at its malfunction criteria limit(s), the criteria limit(s) or the
OBD system is not acceptable.
    (A) Except for testing of the catalyst or DPF system, if the MIL
first activates after emissions exceed the applicable malfunction
criteria specified in paragraphs (g) through (i) of this section, the
test engine shall be retested with the tested system or component
adjusted so that the MIL will activate before emissions exceed the
applicable malfunction criteria specified in paragraphs (g) through (i)
of this section. If the component cannot be so adjusted because an
alternative fuel or emission control strategy is used when a
malfunction is detected (e.g., open loop fuel control used after an
oxygen sensor malfunction is detected), the test engine shall be
retested with the component adjusted to the worst acceptable limit
(i.e., the applicable OBD monitor indicates that the component is
performing at or slightly better than the malfunction criteria limit).
When tested with the component so adjusted, the MIL must not activate
during the test and the engine emissions must be below the applicable
malfunction criteria specified in paragraphs (g) through (i) of this
section.
    (B) In testing the catalyst or DPF system, if the MIL first
activates after emissions exceed the applicable emissions threshold(s)
specified in paragraphs (g) and (h) of this section, the tested engine
shall be retested with a less deteriorated catalyst or DPF system
(i.e., more of the applicable engine out pollutants are converted or
trapped). For the OBD system to be approved, testing shall be continued
until the MIL activates with emissions below the applicable thresholds
of paragraphs (g) and (h) of this section, or the MIL activates with
emissions within a range no more than 20 percent below the applicable
emissions thresholds and 10 percent or less above those emissions thresholds.
    (iv) If an OBD system is determined to be unacceptable by the
criteria of this paragraph (l)(5) of this section, the manufacturer may
recalibrate and retest the system on the same test engine. In such a
case, the manufacturer must confirm, by retesting, that all systems and
components that were tested prior to the recalibration and are affected
by it still function properly with the recalibrated OBD system.
    (6) Confirmatory testing.
    (i) The Administrator may perform confirmatory testing to verify
the emission test data submitted by the manufacturer as required by
this paragraph (l) of this section comply with its requirements and the
malfunction criteria set forth in paragraphs (g) through (i) of this
section. Such confirmatory testing is limited to the test engine
required by paragraph (l)(2) of this section.
    (ii) To conduct this confirmatory testing, the Administrator may
install appropriately deteriorated or malfunctioning components (or
simulate them) in an otherwise properly functioning test engine of an
engine rating represented by the demonstration test engine in order to
test any of the components or systems required to be tested by
paragraph (l) of this section. The manufacturer shall make available,
if requested, an engine and all test equipment (e.g., malfunction
simulators, deteriorated components) necessary to duplicate the
manufacturer's testing. Such a request from the Administrator shall
occur within six months of reviewing and approving the demonstration
test engine data submitted by the manufacturer for the specific engine
rating.
    (7) Catalyst aging.
    (i) Diesel catalysts. For purposes of determining the catalyst
malfunction limits for the monitoring required by paragraphs
(g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) of this section, where
those catalysts are monitored individually, the manufacturer must use a
catalyst deteriorated to the malfunction criteria using methods
established by the manufacturer to represent real world catalyst
deterioration under normal and malfunctioning engine operating
conditions. For purposes of determining the catalyst malfunction limits
for the monitoring required by paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B),
and (g)(6)(ii)(A) of this section, where those catalysts are monitored
in combination with other catalysts, the manufacturer must submit their
catalyst system aging and monitoring plan to the Administrator as part
of their certification documentation package. The plan must include the
description, emission control purpose, and location of each component,
the monitoring strategy for each component and/or combination of
components, and the method for determining the applicable malfunction
criteria including the deterioration/aging process.
    (ii) Gasoline catalysts. For the purposes of determining the
catalyst system malfunction criteria in paragraph (h)(6)(ii) of this
section, the manufacturer must use a catalyst system deteriorated to
the malfunction criteria using methods established by the manufacturer
to represent real world catalyst deterioration under normal and
malfunctioning operating conditions. The malfunction criteria must be

[[Page 3319]]

established by using a catalyst system with all monitored and
unmonitored (downstream of the sensor utilized for catalyst monitoring)
catalysts simultaneously deteriorated to the malfunction criteria
except for those engines that use fuel shutoff to prevent over-fueling
during engine misfire conditions. For such engines, the malfunction
criteria must be established by using a catalyst system with all
monitored catalysts simultaneously deteriorated to the malfunction
criteria while unmonitored catalysts shall be deteriorated to the end
of the engine's useful life.
    (m) Certification documentation requirements.
    (1) When submitting an application for certification of an engine,
the manufacturer must submit the following documentation. If any of the
items listed here are standardized for all of the manufacturer's
engines, the manufacturer may, for each model year, submit one set of
documents covering the standardized items for all of its engines.
    (i) For the required documentation that is not standardized across
all engines, the manufacturer may be allowed to submit documentation
for certification from one engine that is representative of other
engines. All such engines shall be considered to be part of an OBD
certification documentation group. To represent the OBD group, the
chosen engine must be certified to the most stringent emissions
standards and OBD monitoring requirements and cover all of the
emissions control devices for the engines in the group and covered by
the submitted documentation. Such OBD groups must be approved in
advance of certification.
    (ii) Upon approval, one or more of the documentation requirements
of this paragraph (m) of this section may be waived or modified if the
information required is redundant or unnecessarily burdensome to generate.
    (iii) To the extent possible, the certification documentation must
use SAE J1930 or J2403 terms, abbreviations, and acronyms.
    (2) Unless otherwise specified, the following information must be
submitted as part of the certification application and prior to
receiving a certificate.
    (i) A description of the functional operation of the OBD system
including a complete written description for each monitoring strategy
that outlines every step in the decision-making process of the monitor.
Algorithms, diagrams, samples of data, and/or other graphical
representations of the monitoring strategy shall be included where
necessary to adequately describe the information.
    (ii) A table including the following information for each monitored
component or system (either computer-sensed or computer-controlled) of
the emissions control system:
    (A) Corresponding diagnostic trouble code.
    (B) Monitoring method or procedure for malfunction detection.
    (C) Primary malfunction detection parameter and its type of output
signal.
    (D) Malfunction criteria limits used to evaluate output signal of
primary parameter.
    (E) Other monitored secondary parameters and conditions (in
engineering units) necessary for malfunction detection.
    (F) Monitoring time length and frequency of monitoring events.
    (G) Criteria for storing a diagnostic trouble code.
    (H) Criteria for activating a malfunction indicator light.
    (I) Criteria used for determining out-of-range values and input
component rationality checks.
    (iii) Whenever possible, the table required by paragraph (m)(2)(ii)
of this section shall use the following engineering units:
    (A) Degrees Celsius for all temperature criteria.
    (B) KiloPascals (KPa) for all pressure criteria related to manifold
or atmospheric pressure.
    (C) Grams (g) for all intake air mass criteria.
    (D) Pascals (Pa) for all pressure criteria related to evaporative
system vapor pressure.
    (E) Miles per hour (mph) for all vehicle speed criteria.
    (F) Relative percent (%) for all relative throttle position
criteria (as defined in SAE J1979/J1939).
    (G) Voltage (V) for all absolute throttle position criteria (as
defined in SAE J1979/J1939).
    (H) Per crankshaft revolution (/rev) for all changes per ignition
event based criteria (e.g., g/rev instead of g/stroke or g/firing).
    (I) Per second (/sec) for all changes per time based criteria
(e.g., g/sec).
    (J) Percent of nominal tank volume (%) for all fuel tank level criteria.
    (iv) A logic flowchart describing the step-by-step evaluation of
the enable criteria and malfunction criteria for each monitored
emission related component or system.
    (v) Emissions test data, a description of the testing sequence
(e.g., the number and types of preconditioning cycles), approximate
time (in seconds) of MIL activation during the test, diagnostic trouble
code(s) and freeze frame information stored at the time of detection,
corresponding test results (e.g. SAE J1979 Mode/Service $06, SAE J1939
Diagnostic Message 8 (DM8)) stored during the test, and a description
of the modified or deteriorated components used for malfunction
simulation with respect to the demonstration tests specified in
paragraph (l) of this section. The freeze frame data are not required
for engines subject to paragraph (o)(2) of this section.
    (vi) For gasoline engines, data supporting the misfire monitor,
including:
    (A) The established percentage of misfire that can be tolerated
without damaging the catalyst over the full range of engine speed and
load conditions.
    (B) Data demonstrating the probability of detection of misfire
events by the misfire monitoring system over the full engine speed and
load operating range for the following misfire patterns: random
cylinders misfiring at the malfunction criteria established in
paragraph (h)(2)(ii)(B) of this section, one cylinder continuously
misfiring, and paired cylinders continuously misfiring.
    (C) Data identifying all disablement of misfire monitoring that
occurs during the FTP. For every disablement that occurs during the
cycles, the data shall identify: when the disablement occurred relative
to the driver's trace, the number of engine revolutions during which
each disablement was present, and which disable condition documented in
the certification application caused the disablement.
    (D) Manufacturers are not required to use the durability
demonstration engine to collect the misfire data required by paragraph
(m)(2)(vi) of this section.
    (vii) Data supporting the limit for the time between engine
starting and attaining the designated heating temperature for after-
start heated catalyst systems.
    (viii) Data supporting the criteria used to detect a malfunction of
the fuel system, EGR system, boost pressure control system, catalyst,
NOX adsorber, DPF, cold start emission reduction strategy,
secondary air, evaporative system, VVT system, exhaust gas sensors, and
other emission controls that causes emissions to exceed the applicable
malfunction criteria specified in paragraphs (g) through (i) of this
section. For diesel engine monitors required by paragraphs (g) and (i)
of this section that are required to indicate a malfunction before
emissions exceed an emission threshold based on any applicable standard
(e.g., 2.5 times any

[[Page 3320]]

of the applicable standards), the test cycle and standard determined by
the manufacturer to be the most stringent for each applicable monitor
in accordance with paragraph (f)(1) of this section.
    (ix) A list of all electronic powertrain input and output signals
(including those not monitored by the OBD system) that identifies which
signals are monitored by the OBD system. For input and output signals
that are monitored as comprehensive components, the listing shall also
identify the specific diagnostic trouble code for each malfunction
criteria (e.g., out-of-range low, out-of-range high, open circuit,
rationality low, rationality high).
    (x) A written description of all parameters and conditions
necessary to begin closed-loop/feedback control of emission control
systems (e.g., fuel system, boost pressure, EGR flow, SCR reductant
delivery, DPF regeneration, fuel system pressure).
    (xi) A written identification of the communication protocol
utilized by each engine for communication with a scan tool.
    (xii) Reserved.
    (xiii) A written description of the method used by the manufacturer
to meet the requirements of paragraph (i)(2) of this section (crankcase
ventilation system monitoring) including diagrams or pictures of valve
and/or hose connections.
    (xiv) Build specifications provided to engine purchasers or chassis
manufacturers detailing all specifications or limitations imposed on
the engine purchaser relevant to OBD requirements or emissions
compliance (e.g., cooling system heat rejection rates). A description
of the method or copies of agreements used to ensure engine purchasers
or chassis manufacturers will comply with the OBD and emissions
relevant build specifications (e.g., signed agreements, required audit/
evaluation procedures).
    (xv) Any other information determined by the Administrator to be
necessary to demonstrate compliance with the requirements of this section.
    (n) Deficiencies.
    (1) Upon application by the manufacturer, the Administrator may
accept an OBD system as compliant even though specific requirements are
not fully met. Such compliances without meeting specific requirements,
or deficiencies, will be granted only if compliance is infeasible or
unreasonable considering such factors as, but not limited to: technical
feasibility of the given monitor and lead time and production cycles
including phase-in or phase-out of engines or vehicle designs and
programmed upgrades of computers. Unmet requirements shall not be
carried over from the previous model year except where unreasonable
hardware or software modifications are necessary to correct the
deficiency, and the manufacturer has demonstrated an acceptable level
of effort toward compliance as determined by the Administrator.
Furthermore, EPA will not accept any deficiency requests that include
the complete lack of a major diagnostic monitor (``major'' diagnostic
monitors being those for exhaust aftertreatment devices, oxygen sensor,
air-fuel ratio sensor, NOX sensor, engine misfire,
evaporative leaks, and diesel EGR, if equipped), with the possible
exception of the special provisions for alternative fueled engines. For
alternative fueled heavy-duty engines (e.g. natural gas, liquefied
petroleum gas, methanol, ethanol), manufacturers may request the
Administrator to waive specific monitoring requirements of this section
for which monitoring may not be reliable with respect to the use of the
alternative fuel. At a minimum, alternative fuel engines must be
equipped with an OBD system meeting OBD requirements to the extent
feasible as approved by the Administrator.
    (2) In the event the manufacturer seeks to carry-over a deficiency
from a past model year to the current model year, the manufacturer must
re-apply for approval to do so. In considering the request to carry-
over a deficiency, the Administrator shall consider the manufacturer's
progress towards correcting the deficiency. The Administrator may not
allow manufacturers to carry over monitoring system deficiencies for
more than two model years unless it can be demonstrated that
substantial engine hardware modifications and additional lead time
beyond two years are necessary to correct the deficiency.
    (3) A deficiency shall not be granted retroactively (i.e., after
the engine has been certified).
    (o) Implementation schedule. Except as provided for in paragraphs
(o)(4) and (o)(5) of this section, the requirements of this section
must be met according to the following provisions:
    (1) Full OBD. The manufacturer must implement an OBD system meeting
the requirements of this section on one engine rating within one engine
family of the manufacturer's product line. This ``full OBD'' rating
will be known as the ``OBD parent'' rating. The OBD parent rating must
be chosen as the rating having the highest weighted projected U.S.
sales within the engine family having the highest weighted projected
U.S. sales, with U.S. sales being weighted by the useful life of the
engine rating.
    (2) Extrapolated OBD. For all other engine ratings within the
engine family from which the OBD parent rating has been selected, the
manufacturer must implement an OBD system meeting the requirements of
this section except that the OBD system is not required to detect a
malfunction prior to exceeding the emission thresholds shown in Table 1
of paragraph (g) of this section and Table 2 of paragraph (h) of this
section. These extrapolated OBD engines will be known as the ``OBD
child'' ratings. On these OBD child ratings, rather than detecting a
malfunction prior to exceeding the emission thresholds, the
manufacturer must submit a plan for Administrator review and approval
that details the engineering evaluation the manufacturer will use to
establish the malfunction criteria for the OBD child ratings. The plan
must demonstrate both the use of good engineering judgment in
establishing the malfunction criteria, and robust detection of
malfunctions, including consideration of differences of base engine,
calibration, emission control components, and emission control strategies.
    (3) Engine families other than those from which the parent and
child ratings have been selected are not subject to the requirements of
this section.
    (4) Small volume manufacturers, as defined in Sec.  86.094-14(b)(1)
and (2), are exempt from the requirements of Sec.  86.010-18.
    (5) Engines certified as alternative fueled engines are exempt from
the requirements of Sec.  86.010-18.
    (p) In-use compliance standards. For monitors required to indicate
a malfunction before emissions exceed a certain emission threshold
(e.g., 2.5 times any of the applicable standards):
    (1) On the full OBD rating (i.e., the parent rating) as defined in
paragraph (o)(1) of this section, separate in-use emissions thresholds
shall apply. These thresholds are determined by doubling the applicable
thresholds as shown in Table 1 of paragraph (g) and Table 2 of
paragraph (h) of this section. The resultant thresholds apply only in-
use and do not apply for certification or selective enforcement auditing.
    (2) The extrapolated OBD ratings (i.e., the child ratings) as
defined in paragraph (o)(2) of this section shall not be evaluated
against emissions levels for purposes of OBD compliance in-use.
    (3) Only the test cycle and standard determined and identified by
the manufacturer at the time of certification in accordance with
paragraph (f) of this section as the most stringent shall be

[[Page 3321]]

used for the purpose of determining OBD system noncompliance in-use.
    (4) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the manufacturer.
    8. Section 86.010-30 is added to Subpart A to read as follows:

Sec.  86.010-30  Certification.

    Section 86.010-30 includes text that specifies requirements that
differ from Sec. Sec.  86.094-30, 86.095-30, 86.096-30, 86.098-30,
86.001-30, 86.004-30 or 86.007-30. Where a paragraph in Sec.  86.094-
30, Sec.  86.095-30, Sec.  86.096-30, Sec.  86.098-30, Sec.  86.001-30,
Sec.  86.004-30 or Sec.  86.007-30 is identical and applicable to Sec. 
86.010-30, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 
86.094-30.'' or ``[Reserved]. For guidance see Sec.  86.095-30.'' or
``[Reserved]. For guidance see Sec.  86.096-30.'' or ``[Reserved]. For
guidance see Sec.  86.098-30.'' or ``[Reserved]. For guidance see Sec. 
86.001-30.'' or ``[Reserved]. For guidance see Sec.  86.004-30.'' or
``[Reserved]. For guidance see Sec.  86.007-30.''
    (a)(1) and (a)(2) [Reserved]. For guidance see Sec.  86.094-30.
    (a)(3)(i) through (a)(4)(ii) [Reserved]. For guidance see Sec. 
86.004-30.
    (a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved].
For guidance see Sec.  86.094-30.
    (a)(4)(iv) introductory text [Reserved]. For guidance see Sec. 
86.095-30.
    (a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see Sec.  86.094-30.
    (a)(10) and (a)(11) [Reserved]. For guidance see Sec.  86.004-30.
    (a)(12) [Reserved]. For guidance see Sec.  86.094-30.
    (a)(13) [Reserved]. For guidance see Sec.  86.095-30.
    (a)(14) [Reserved]. For guidance see Sec.  86.094-30.
    (a)(15)-(18) [Reserved]. For guidance see Sec.  86.096-30.
    (a)(19) [Reserved]. For guidance see Sec.  86.098-30.
    (a)(20) [Reserved]. For guidance see Sec.  86.001-30.
    (a)(21) [Reserved]. For guidance see Sec.  86.004-30.
    (b)(1) introductory text through (b)(1)(ii)(A) [Reserved]. For
guidance see Sec.  86.094-30.
    (b)(1)(ii)(B) [Reserved]. For guidance see Sec.  86.004-30.
    (b)(1)(ii)(C) [Reserved]. For guidance see Sec.  86.094-30.
    (b)(1)(ii)(D) [Reserved]. For guidance see Sec.  86.004-30.
    (b)(1)(iii) and (b)(1)(iv) [Reserved]. For guidance see Sec.  86.094-30.
    (b)(2) [Reserved]. For guidance see Sec.  86.098-30.
    (b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec.  86.094-30.
    (b)(4)(ii) introductory text [Reserved]. For guidance see Sec. 
86.098-30.
    (b)(4)(ii)(A) [Reserved]. For guidance see Sec.  86.094-30.
    (b)(4)(ii)(B)-(b)(4)(iv) [Reserved]. For guidance see Sec.  86.098-30.
    (b)(5)-(e) [Reserved]. For guidance see Sec.  86.094-30.
    (f) For engine families required to have an OBD system and meant
for applications less than or equal to 14,000 pounds GVWR,
certification will not be granted if, for any test vehicle approved by
the Administrator in consultation with the manufacturer, the
malfunction indicator light does not activate under any of the
following circumstances, unless the manufacturer can demonstrate that
any identified OBD problems discovered during the Administrator's
evaluation will be corrected on production vehicles.
    (f)(1)(i) Otto-cycle. [Reserved]. For guidance see Sec.  86.004-30.
    (f)(1)(ii) Diesel.
    (A) If monitored for emissions performance--a reduction catalyst is
replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust NOX emissions
exceeding the applicable NOX FEL+0.3 g/bhp-hr. Also if
monitored for emissions performance--an oxidation catalyst is replaced
with a deteriorated or defective catalyst, or an electronic simulation
of such, resulting in exhaust NMHC emissions exceeding 2.5 times the
applicable NMHC standard.
    (B) If monitored for performance--a particulate trap is replaced
with a deteriorated or defective trap, or an electronic simulation of
such, resulting in either exhaust PM emissions exceeding the applicable
FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is higher; or, exhaust
NMHC emissions exceeding 2.5 times the applicable NMHC standard. Also,
if monitored for performance--a particulate trap is replaced with a
catastrophically failed trap or a simulation of such.
    (f)(2) [Reserved]. For guidance see Sec.  86.004-30.
    (f)(3)(i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices.
    (f)(3)(i)(A) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(3)(i)(B) Diesel. If so equipped, any oxygen sensor or air-fuel
ratio sensor located downstream of aftertreatment devices is replaced
with a deteriorated or defective sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding any of the following
levels: the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM,
whichever is higher; or, the applicable NOX FEL+0.3 g/bhp-
hr; or, 2.5 times the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices.
    (f)(3)(ii)(A) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(3)(ii)(B) Diesel. If so equipped, any oxygen sensor or air-fuel
ratio sensor located upstream of aftertreatment devices is replaced
with a deteriorated or defective sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding any of the following
levels: the applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM,
whichever is higher; or, the applicable NOX FEL+0.3 g/bhp-
hr; or, 2.5 times the applicable NMHC standard; or, 2.5 times the
applicable CO standard.
    (iii) NOX sensors.
    (f)(3)(iii)(A) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(3)(iii)(B) Diesel. If so equipped, any NOX sensor is
replaced with a deteriorated or defective sensor, or an electronic
simulation of such, resulting in exhaust emissions exceeding any of the
following levels: the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr
PM, whichever is higher; or, the applicable NOX FEL+0.3 g/bhp-hr.
    (f)(4) [Reserved]. For guidance see Sec.  86.004-30.
    (f)(5)(i) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(5)(ii) Diesel. A malfunction condition is induced in any
emission-related engine system or component, including but not
necessarily limited to, the exhaust gas recirculation (EGR) system, if
equipped, and the fuel control system, singularly resulting in exhaust
emissions exceeding any of the following levels: the applicable PM
FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is higher; or, the
applicable NOX FEL+0.3 g/bhp-hr; or, 2.5 times the
applicable NMHC standard; or, 2.5 times the applicable CO standard.
    (f)(6) [Reserved]. For guidance see Sec.  86.004-30.
    9. Section 86.010-38 is added to subpart A to read as follows:

Sec.  86.010-38  Maintenance instructions.

    This Section 86.010-38 includes text that specifies requirements
that differ from those specified in Sec.  86.007-38. Where a paragraph
in Sec.  86.096-38, or Sec.  86.004-38, or Sec.  86.007-38 is identical
and applicable to Sec.  86.010-38, this may be indicated by specifying
the corresponding paragraph and the statement ``[Reserved]. For
guidance see Sec.  86.096-38,'' ``[Reserved]. For guidance

[[Page 3322]]

see or Sec.  86.004-38, '' or ``[Reserved]. For guidance see Sec. 
86.007-38.''
    (a)-(f) [Reserved]. For guidance see Sec.  86.004-38.
    (g) [Reserved]. For guidance see Sec.  86.096-38. For incorporation
by reference see Sec. Sec.  86.1 and 86.096-38.
    (h) [Reserved]. For guidance see Sec.  86.004-38.
    (i) [Reserved]. For guidance see Sec.  86.007-38.
    (j) Emission control diagnostic service information for heavy-duty
engines used in vehicles over 14,000 pounds gross vehicle weight (GVW)
    (1) Manufacturers of heavy-duty engines used in applications
weighing more than 14,000 pounds gross vehicle weight (GVW) that are
subject to the applicable OBD requirements of this subpart A are
subject to the provisions of this paragraph (j) beginning in the 2010
model year. The provisions of this paragraph (j) apply only to those
heavy-duty engines subject to the applicable OBD requirements.
    (2) Upon Administrator approval, manufacturers may alternatively
comply with all service information and tool provisions found in Sec. 
86.096-38 that are applicable to 1996 and subsequent vehicles weighing
less than 14,000 pounds gross vehicle weight (GVW).
    (3) General Requirements
    (i) Manufacturers shall furnish or cause to be furnished to any
person engaged in the repairing or servicing of heavy-duty engines, or
the Administrator upon request, any and all information needed to make
use of the on-board diagnostic system and such other information,
including instructions for making emission-related diagnosis and
repairs, including but not limited to service manuals, technical
service bulletins, recall service information, bi-directional control
information, and training information, unless such information is
protected by section 208(c) as a trade secret. No such information may
be withheld under section 208(c) of the Act if that information is
provided (directly or indirectly) by the manufacturer to franchised
dealers or other persons engaged in the repair, diagnosing, or
servicing of heavy-duty engines.
    (ii) Definitions. The following definitions apply for this paragraph (j):
    (A) Aftermarket service provider means any individual or business
engaged in the diagnosis, service, and repair of a heavy-duty engine,
who is not directly affiliated with a manufacturer or manufacturer
franchised dealership.
    (B) Bi-directional control means the capability of a diagnostic
tool to send messages on the data bus that temporarily overrides the
module's control over a sensor or actuator and gives control to the
diagnostic tool operator. Bi-directional controls do not create
permanent changes to engine or component calibrations.
    (C) Data stream information means information (i.e., messages and
parameters) originated within the engine by a module or intelligent
sensors (i.e., a sensor that contains and is ontrolled by its own
module) and transmitted between a network of modules and/or intelligent
sensors connected in parallel with either one or more communication
wires. The information is broadcast over the communication wires for
use by the OBD system to gather information on emissions-related
components or systems and from other engine modules that may impact
emissions. For the purposes of this section, data stream information
does not include engine calibration related information, or any data
stream information from systems or modules that do not impact emissions.
    (D) Emissions-related information means any information related to
the diagnosis, service, and repair of emissions-related components.
Emissions-related information includes, but is not limited to,
information regarding any system, component or part of an engine that
controls emissions and any system, component and/or part associated
with the engine, including, but not limited to: the engine, the fuel
system and ignition system; information for any system, component or
part that is likely to impact emissions, and any other information
specified by the Administrator to be relevant to the diagnosis and
repair of an emissions-related problem; any other information specified
by the Administrator to be relevant for the diagnosis and repair of an
emissions-related failure found through an evaluation of vehicles in-
use and after such finding has been communicated to the affected
manufacturer(s).
    (E) Emissions-related training information means any information
related training or instruction for the purpose of the diagnosis,
service, and repair of emissions-related components.
    (F) Enhanced service and repair information means information which
is specific for an original equipment manufacturer's brand of tools and
equipment. This includes computer or anti-theft system initialization
information necessary for the completion of any emissions-related
repair on engines that employ integral security systems.
    (G) Equipment and Tool Company means a registered equipment or
software company either public or private that is engaged in, or plans
to engage in, the manufacture of scan tool reprogramming equipment or
software.
    (H) Generic service and repair information means information which
is not specific for an original equipment manufacturer's brand of tools
and equipment.
    (I) Indirect information means any information that is not
specifically contained in the service literature, but is contained in
items such as tools or equipment provided to franchised dealers (or
others). This includes computer or anti-theft system initialization
information necessary for the completion of any emissions-related
repair on engines that employ integral security systems.
    (J) Intermediary means any individual or entity, other than an
original equipment manufacturer, which provides service or equipment to
aftermarket service providers.
    (K) Manufacturer franchised dealership means any service provider
with which a manufacturer has a direct business relationship.
    (L) Third party information provider means any individual or
entity, other than an original equipment manufacturer, who consolidates
manufacturer service information and makes this information available
to aftermarket service providers.
    (M) Third party training provider means any individual or entity,
other than an original equipment manufacturer who develops and/or
delivers instructional and educational material for training courses.
    (4) Information dissemination. By July 1, 2010 each manufacturer
shall provide or cause to be provided to the persons specified in
paragraph (j)(3)(i) of this section and to any other interested parties
a manufacturer-specific World Wide Web site containing the information
specified in paragraph (j)(3)(i) of this section for 2010 and later
model year engines which have been certified to the OBD requirements
specified in Sec.  86.010-18 and are offered for sale; this requirement
does not apply to indirect information, including the information
specified in paragraphs (j)(13) through (j)(17) of this section. Upon
request and approval of the Administrator, manufacturers who can
demonstrate significant hardship in complying with this provision
within four months after the effective date may request an additional
six months lead time to meet this requirement. Each manufacturer Web
site shall:
    (i) Provide access in full-text to all of the information specified
in paragraph (j)(5) of this section.

[[Page 3323]]

    (ii) Be updated at the same time as manufacturer franchised
dealership World Wide Web sites.
    (iii) Provide users with a description of the minimum computer
hardware and software needed by the user to access that manufacturer's
information (e.g., computer processor speed and operating system
software). This description shall appear when users first log-on to the
home page of the manufacturer's Web site.
    (iv) Provide Short-Term (24 to 72 hours), Mid-Term (30 day period),
and Long-Term (365 day period) Web site subscription options to any
person specified in paragraph (j)(2)(i) of this section whereby the
user will be able to access the site, search for the information, and
purchase, view and print the information at a fair and reasonable cost
as specified in paragraph (j)(7) of this section for each of the
options. In addition, for each of the tiers, manufacturers are required
to make their entire site accessible for the respective period of time
and price. In other words, a manufacturer may not limit any or all of
the tiers to just one make or one model.
    (v) Allow the user to search the manufacturer Web site by various
topics including but not limited to model, model year, key words or
phrases, etc., while allowing ready identification of the latest
calibration. Manufacturers who do not use model year to classify their
engines in their service information may use an alternate delineation
such as body series. Any manufacturer utilizing this flexibility shall
create a cross-reference to the corresponding model year and provide
this cross-reference on the manufacturer Web site home page.
    (vi) Provide accessibility using common, readily available software
and shall not require the use of software, hardware, viewers, or
browsers that are not readily available to the general public.
Manufacturers shall also provide hyperlinks to any plug-ins, viewers or
browsers (e.g. Adobe Acrobat or Netscape) needed to access the
manufacturer Web site.
    (vii) Allow simple hyper-linking to the manufacturer Web site from
Government Web sites and automotive-related Web sites.
    (viii) Posses sufficient server capacity to allow ready access by
all users and has sufficient capacity to assure that all users may
obtain needed information without undue delay.
    (ix) Correct or delete broken Web links on a weekly basis.
    (x) Allow for Web site navigation that does not require a user to
return to the manufacturer home page or a search engine in order to
access a different portion of the site.
    (xi) Allow users to print out any and all of the materials required
to be made available on the manufacturers Web site, including the
ability to print it at the user's location.
    (5) Small volume provisions for information dissemination.
    (i) Manufacturers with total annual sales of less than 5,000
engines shall have until July 1, 2011 to launch their individual Web
sites as required by paragraph (j)(4) of this section.
    (ii) Manufacturers with total annual sales of less than 1,000
engines may, in lieu of meeting the requirement of paragraph (j)(4) of
this section, request the Administrator to approve an alternative
method by which the required emissions-related information can be
obtained by the persons specified in paragraph (j)(3)(i) of this section.
    (6) Required information. All information relevant to the diagnosis
and completion of emissions-related repairs shall be posted on
manufacturer Web sites. This excludes indirect information specified in
paragraphs (j)(7) and (j)(13) through (j)(17) of this section. To the
extent that this information does not already exist in some form for
their manufacturer franchised dealerships, manufacturers are required
to develop and make available the information required by this section
to both their manufacturer franchised dealerships and the aftermarket.
The required information includes, but is not limited to:
    (i) Manuals, including subsystem and component manuals developed by
a manufacturer's third party supplier that are made available to
manufacturer franchised dealerships, technical service bulletins
(TSBs), recall service information, diagrams, charts, and training
materials. Manuals and other such service information from third party
suppliers are not required to be made available in full-text on
manufacturer Web sites as described in paragraph (j)(3) of this
section. Rather, manufacturers must make available on the manufacturer
Web site as required by paragraph (j)(3) of this section an index of
the relevant information and instructions on how to order such
information. In the alternate, a manufacturer can create a link from
its Web site to the Web site(s) of the third party supplier.
    (ii) OBD system information which includes, but is not limited to,
the following:
    (A) A general description of the operation of each monitor,
including a description of the parameter that is being monitored;
    (B) A listing of all typical OBD diagnostic trouble codes
associated with each monitor;
    (C) A description of the typical enabling conditions (either
generic or monitor-specific) for each monitor (if equipped) to execute
during engine operation, including, but not limited to, minimum and
maximum intake air and engine coolant temperature, speed range, and
time after engine startup. In addition, manufacturers shall list all
monitor-specific OBD drive cycle information for all major OBD monitors
as equipped including, but not limited to, catalyst, catalyst heater,
oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas
re-circulation (EGR), secondary air, and air conditioning system.
Additionally, for diesel engines which also perform misfire, fuel
system and comprehensive component monitoring under specific driving
conditions (i.e., non-continuous monitoring; as opposed to spark
ignition engines that monitor these systems under all conditions or
continuous monitoring), the manufacturer shall make available monitor-
specific drive cycles for these monitors. Any manufacturer who develops
generic drive cycles, either in addition to, or instead of, monitor-
specific drive cycles shall also make these available in full-text on
manufacturer Web sites;
    (D) A listing of each monitor sequence, execution frequency and
typical duration;
    (E) A listing of typical malfunction thresholds for each monitor;
    (F) For OBD parameters for specific engines that deviate from the
typical parameters, the OBD description shall indicate the deviation
and provide a separate listing of the typical values for those engines;
    (G) Identification and scaling information necessary to interpret
and understand data available through Diagnostic Message 8 pursuant to
SAE Recommended Practice J1939-73, Application Layer--Diagnostics,
revised June 2001 or through Service/Mode $06 pursuant to SAE
Recommended Practice J1979, E/E Diagnostic Test Modes--Equivalent to
ISO/DIS 15031-5: April 30, 2002. These documents are Incorporated by
Reference in Sec.  86.1.
    (H) Algorithms, look-up tables, or any values associated with look-
up tables are not required to be made available.
    (iii) Any information regarding any system, component, or part of a
engine monitored by the OBD system that could in a failure mode cause
the OBD system to illuminate the malfunction indicator light (MIL);
    (iv) Manufacturer-specific emissions-related diagnostic trouble
codes (DTCs)

[[Page 3324]]

and any related service bulletins, trouble shooting guides, and/or
repair procedures associated with these manufacturer-specific DTCs; and
    (v) Information regarding how to obtain the information needed to
perform reinitialization of any computer or anti-theft system following
an emissions-related repair.
    (7) Anti-theft System Initialization Information. Computer or anti-
theft system initialization information and/or related tools necessary
for the proper installation of on-board computers or necessary for the
completion of any emissions-related repair on engines that employ
integral security systems or the repair or replacement of any other
emission-related part shall be made available at a fair and reasonable
cost to the persons specified in paragraph (j)(3)(i) of this section.
    (i) Except as provided under paragraph (j)(7)(ii) of this section,
manufacturers must make this information available to persons specified
in paragraph (j)(3)(i) of this section, such that such persons will not
need any special tools or manufacturer-specific scan tools to perform
the initialization. Manufacturers may make such information available
through, for example, generic aftermarket tools, a pass-through device,
or inexpensive manufacturer specific cables.
    (ii) A manufacturer may request Administrator approval for an
alternative means to re-initialize engines for some or all model years
through the 2013 model year by 90 days following the effective date of
the final rule. The Administrator shall approve the request only after
the following conditions have been met:
    (A) The manufacturer must demonstrate that the availability of such
information to aftermarket service providers would significantly
increase the risk of theft.
    (B) The manufacturer must make available a reasonable alternative
means to install or repair computers, or to otherwise repair or replace
an emission-related part.
    (C) Any alternative means proposed by a manufacturer cannot require
aftermarket technicians to use a manufacturer franchised dealership to
obtain information or special tools to re-initialize the anti-theft
system. All information must come directly from the manufacturer or a
single manufacturer-specified designee.
    (D) Any alternative means proposed by a manufacturer must be
available to aftermarket technicians at a fair and reasonable price.
    (E) Any alternative must be available to aftermarket technicians
within twenty-four hours of the initial request.
    (F) Any alternative must not require the purchase of a special tool
or tools, including manufacturer-specific tools, to complete this
repair. Alternatives may include lease of such tools, but only for
appropriately minimal cost.
    (G) In lieu of leasing their manufacturer-specific tool to meet
this requirement, a manufacturer may also choose to release the
necessary information to equipment and tool manufacturers for
incorporation into aftermarket scan tools. Any manufacturer choosing
this option must release the information to equipment and tool
manufacturers within 60 days of Administrator approval.
    (8) Cost of required information.
    (i) All information required to be made available by this section,
shall be made available at a fair and reasonable price. In determining
whether a price is fair and reasonable, consideration may be given to
relevant factors, including, but not limited to, the following:
    (A) The net cost to the manufacturer franchised dealerships for
similar information obtained from manufacturers, less any discounts,
rebates, or other incentive programs;
    (B) The cost to the manufacturer for preparing and distributing the
information, excluding any research and development costs incurred in
designing and implementing, upgrading or altering the onboard computer
and its software or any other engine part or component. Amortized
capital costs for the preparation and distribution of the information
may be included;
    (C) The price charged by other manufacturers for similar information;
    (D) The price charged by manufacturers for similar information
prior to the launch of manufacturer Web sites;
    (E) The ability of the average aftermarket technician or shop to
afford the information;
    (F) The means by which the information is distributed;
    (G) The extent to which the information is used, which includes the
number of users, and frequency, duration, and volume of use; and
    (H) Inflation.
    (ii) Manufacturers must submit to EPA a request for approval of
their pricing structure for their Web sites and amounts to be charged
for the information required to be made available under paragraphs
(j)(4) and (j)(6) of this section at least 180 days in advance of the
launch of the web site. Subsequent to the approval of the manufacturer
Web site pricing structure, manufacturers shall notify EPA upon the
increase in price of any one or all of the subscription options of 20
percent or more above the previously approved price, taking inflation
into account.
    (A) The manufacturer shall submit a request to EPA that sets forth
a detailed description of the pricing structure and amounts, and
support for the position that the pricing structure and amounts are
fair and reasonable by addressing, at a minimum, each of the factors
specified in paragraph (j)(8)(i) of this section.
    (B) EPA will act upon on the request within180 days following
receipt of a complete request or following receipt of any additional
information requested by EPA.
    (C) EPA may decide not to approve, or to withdraw approval for a
manufacturer's pricing structure and amounts based on a conclusion that
this pricing structure and/or amounts are not, or are no longer, fair
and reasonable, by sending written notice to the manufacturer
explaining the basis for this decision.
    (D) In the case of a decision by EPA not to approve or to withdraw
approval, the manufacturer shall within three months following notice
of this decision, obtain EPA approval for a revised pricing structure
and amounts by following the approval process described in this paragraph.
    (9) Unavailable information. Any information which is not provided
at a fair and reasonable price shall be considered unavailable, in
violation of these regulations and section 202(m)(5) of the Clean Air Act.
    (10) Third party information providers. By January 1, 2011
manufacturers shall, for model year 2010 and later engines, make
available to third-party information providers as defined in paragraph
(j)(3)(ii) of this section with whom they engage in licensing or
business arrangements;
    (i) The required emissions-related information as specified in
paragraph (j)(6) of this section either:
    (A) Directly in electronic format such as diskette or CD-ROM using
non-proprietary software, in English; or
    (B) Indirectly via a Web site other than that required by paragraph
(j)(4) of this section;
    (ii) For any manufacturer who utilizes an automated process in
their manufacturer-specific scan tool for diagnostic fault trees, the
data schema, detail specifications, including category types/codes and
engine codes, and data format/content structure of the diagnostic
trouble trees.
    (iii) Manufacturers can satisfy the requirement of paragraph
(j)(10)(ii) of this section by making available

[[Page 3325]]

diagnostic trouble trees on their manufacturer Web sites in full-text.
    (iv) Manufacturers are not responsible for the accuracy of the
information distributed by third parties. However, where manufacturers
charge information intermediaries for information, whether through
licensing agreements or other arrangements, manufacturers are
responsible for inaccuracies contained in the information they provide
to third party information providers.
    (11) Required emissions-related training information. By January 1,
2011, for emissions-related training information, manufacturers shall:
    (i) Video tape or otherwise duplicate and make available for sale
on manufacturer Web sites within 30 days after transmission any
emissions-related training courses provided to manufacturer franchised
dealerships via the Internet or satellite transmission;
    (ii) Provide on the manufacturer Web site an index of all
emissions-related training information available for purchase by
aftermarket service providers for 2010 and newer engines. The required
information must be made available for purchase within 3 months of
model introduction and then must be made available at the same time it
is made available to manufacturer franchised dealerships, whichever is
earlier. The index shall describe the title of the course or
instructional session, the cost of the video tape or duplicate, and
information on how to order the item(s) from the manufacturer Web site.
All of the items available must be shipped within 24 hours of the order
being placed and are to made available at a fair and reasonable price
as described in paragraph (j)(8) of this section. Manufacturers unable
to meet the 24 hour shipping requirement under circumstances where
orders exceed supply and additional time is needed by the distributor
to reproduce the item being ordered, may exceed the 24 hour shipping
requirement, but in no instance can take longer than 14 days to ship
the item.
    (iii) Provide access to third party training providers as defined
in paragraph (j)(3)(ii) of this section all emission-related training
courses transmitted via satellite or Internet offered to their
manufacturer franchised dealerships. Manufacturers may not charge
unreasonable up-front fees to third party training providers for this
access, but may require a royalty, percentage, or other arranged fee
based on per-use enrollment/subscription basis. Manufacturers may take
reasonable steps to protect any copyrighted information and are not
required to provide this information to parties that do not agree to
such steps.
    (12) Timeliness and maintenance of information dissemination.
    (i) Subsequent to the initial launch of the manufacturer's Web
site, manufacturers must make the information required under paragraph
(j)(6) of this section available on their Web site within six months of
model introduction, or at the same time it is made available to
manufacturer franchised dealerships. After this six month period, the
information must be available and updated on the manufacturer Web site
at the same time that the updated information is made available to
manufacturer franchised dealerships, except as otherwise specified in
this section.
    (ii) Archived information. Manufacturers must maintain the required
information on their Web sites in full-text as defined in paragraph
(j)(6) of this section for a minimum of 15 years after model
introduction. Subsequent to this fifteen year period, manufacturers may
archive the information in the manufacturer's format of choice and
provide an index of the archived information on the manufacturer Web
site and how it can be obtained by interested parties. Manufacturers
shall index their available information with a title that adequately
describes the contents of the document to which it refers.
Manufacturers may allow for the ordering of information directly from
their Web site, or from a Web site hyperlinked to the manufacturer Web
site. In the alternate, manufacturers shall list a phone number and
address where aftermarket service providers can call or write to obtain
the desired information. Manufacturers must also provide the price of
each item listed, as well as the price of items ordered on a
subscription basis. To the extent that any additional information is
added or changed for these model years, manufacturers shall update the
index as appropriate. Manufacturers will be responsible for ensuring
that their information distributors do so within one regular business
day of receiving the order. Items that are less than 20 pages (e.g.
technical service bulletins) shall be faxed to the requestor and
distributors are required to deliver the information overnight if
requested and paid for by the ordering party. Archived information must
be made available on demand and at a fair and reasonable price.
    (13) Recalibration Information.
    (i) Manufacturers shall make available to the persons specified in
paragraph (j)(3)(i) of this section all emissions-related recalibration
or reprogramming events (including driveability reprogramming events
that may affect emissions) in the format of their choice at the same
time they are made available to manufacturer franchised dealerships.
This requirement takes effect on July 1, 2010.
    (ii) Manufacturers shall provide persons specified in paragraph
(j)(3)(i) of this section with an efficient and cost-effective method
for identifying whether the calibrations on engines are the latest to
be issued. This requirement takes effect on July 1, 2010.
    (iii) For all 2010 and later OBD engines equipped with
reprogramming capability, manufacturers shall comply with either SAE
J2534, ``Recommended Practice for Pass-Thru Vehicle Programming'' ,
December 2004, or the Technology and Maintenance Council's (TMC)
Recommended Practice RP1210A. ``WindowsTM Communication
API'' , July 1999. These documents are Incorporated by Reference in
Sec.  86.1.
    (iv) For model years 2010 and later, manufacturers shall make
available to aftermarket service providers the necessary manufacturer-
specific software applications and calibrations needed to initiate
pass-through reprogramming. This software shall be able to run on a
standard personal computer that utilizes standard operating systems as
specified in either J2534 or RP1210A.
    (v) Manufacturers may take any reasonable business precautions
necessary to protect proprietary business information and are not
required to provide this information to any party that does not agree
to these reasonable business precautions. The requirements to make
hardware available and to release the information to equipment and tool
companies takes effect on July 1, 2010, and within 3 months of model
introduction for all new model years.
    (14) Generic and enhanced information for scan tools. By July 1,
2010, manufacturers shall make available to equipment and tool
companies all generic and enhanced service information including bi-
directional control and data stream information as defined in paragraph
(j)(4)(ii) of this section. This requirement applies for 2010 and later
model year engines.
    (i) The information required by this paragraph (j)(14) shall be
provided electronically using common document formats to equipment and
tool companies with whom they have appropriate licensing, contractual,
and/or confidentiality arrangements. To the extent that a central
repository for this

[[Page 3326]]

information (e.g. the TEK-NET library developed by the Equipment and
Tool Institute) is used to warehouse this information, the
Administrator shall have free unrestricted access. In addition,
information required by this paragraph (j)(14) shall be made available
to equipment and tool companies who are not otherwise members of any
central repository and shall have access if the non-members have
arranged for the appropriate licensing, contractual and/or confidentiality
arrangements with the manufacturer and/or a central repository.
    (ii) In addition to the generic and enhanced information defined in
paragraph (j)(3)(ii) of this section, manufacturers shall also make
available the following information necessary for developing generic
diagnostic scan tools:
    (A) The physical hardware requirements for data communication (e.g.
system voltage requirements, cable terminals/pins, connections such as
RS232 or USB, wires, etc.)
    (B) Electronic Control Unit (ECU) data communication (e.g. serial
data protocols, transmission speed or baud rate, bit timing
requirements, etc),
    (C) Information on the application physical interface (API) or
layers. (i.e., processing algorithms or software design descriptions
for procedures such as connection, initialization, and termination),
    (D) Engine application information or any other related service
information such as special pins and voltages or additional connectors
that require enablement and specifications for the enablement.
    (iii) Any manufacturer who utilizes an automated process in their
manufacturer-specific scan tool for diagnostic fault trees shall make
available to equipment and tool companies the data schema, detail
specifications, including category types/codes and codes, and data
format/content structure of the diagnostic trouble trees.
    (iv) Manufacturers can satisfy the requirement of paragraph
(j)(14)(iii) of this section by making available diagnostic trouble
trees on their manufacturer Web sites in full-text.
    (v) Manufacturers shall make all required information available to
the requesting equipment and tool company within 14 days after the
request to purchase has been made unless the manufacturer requests
Administrator approval to refuse to disclose such information to the
requesting company or requests Administrator approval for additional
time to comply. After receipt of a request and consultation with the
affected parties, the Administrator shall either grant or refuse the
petition based on the evidence submitted during the consultation process:
    (A) If the evidence demonstrates that the engine manufacturer has a
reasonably based belief that the requesting equipment and tool company
could not produce safe and functionally accurate tools that would not
cause damage to the engine, the petition for non-disclosure will be
granted. Engine manufacturers are not required to provide data stream
and bi-directional control information that would permit an equipment
and tool company's products to modify an EPA-certified engine or
transmission configuration.
    (B) If the evidence does not demonstrate that the engine
manufacturer has a reasonably-based belief that the requesting
equipment and tool company could not produce safe and functionally
accurate tools that would not cause damage to the engine, the petition
for non-disclosure will be denied and the engine manufacturer, as
applicable, shall make the requested information available to the
requesting equipment and tool company within 2 days of the denial.
    (vi) If the manufacturer submits a request for Administrator
approval for additional time, and satisfactorily demonstrates to the
Administrator that the engine manufacturer is able to comply but
requires additional time within which to do so, the Administrator shall
grant the request and provide additional time to fully and
expeditiously comply.
    (vii) Manufacturers may require that tools using information
covered under paragraph (j)(14) of this section comply with the
Component Identifier message specified in SAE J1939-71 as Parameter
Group Number (PGN) 65249 (including the message parameter's make,
model, and serial number) and the SAE J1939-81 Address Claim PGN.
    (15) Availability of manufacturer-specific scan tools.
Manufacturers shall make available for sale to the persons specified in
paragraph (j)(3)(i) of this section their own manufacturer-specific
diagnostic tools at a fair and reasonable cost. These tools shall also
be made available in a timely fashion either through the manufacturer
Web site or through a manufacturer-designated intermediary.
Manufacturers shall ship purchased tools in a timely manner after a
request and training, if any, has been completed. Any required training
materials and classes must be made available at a fair and reasonable
price. Manufacturers who develop different versions of one or more of
their diagnostic tools that are used in whole or in part for emission-
related diagnosis and repair shall also insure that all emission-
related diagnosis and repair information is available for sale to the
aftermarket at a fair and reasonable cost. Factors for determining fair
and reasonable cost include, but are not limited to:
    (i) The net cost to the manufacturer's franchised dealerships for
similar tools obtained from manufacturers, less any discounts, rebates,
or other incentive programs;
    (ii) The cost to the manufacturer for preparing and distributing
the tools, excluding any research and development costs;
    (iii) The price charged by other manufacturers of similar sizes for
similar tools;
    (iv) The capabilities and functionality of the manufacturer tool;
    (v) The means by which the tools are distributed;
    (vi) Inflation;
    (vii) The ability of aftermarket technicians and shops to afford
the tools. Manufacturers shall provide technical support to aftermarket
service providers for the tools described in this section, either
themselves or through a third-party of their choice.
    (16) Changing content of manufacturer-specific scan tools.
Manufacturers who opt to remove non-emissions related content from
their manufacturer-specific scan tools and sell them to the persons
specified in paragraph (j)(3)(i) of this section shall adjust the cost
of the tool accordingly lower to reflect the decreased value of the
scan tool. All emissions-related content that remains in the
manufacturer-specific tool shall be identical to the information that
is contained in the complete version of the manufacturer specific tool.
Any manufacturer who wishes to implement this option must request
approval from the Administrator prior to the introduction of the tool
into commerce.
    (17) Reference Materials. Manufacturers shall conform with the
following Society of Automotive Engineers (SAE) standards. These
documents are incorporated by reference in Sec.  86.1.
    (i) For Web-based delivery of service information, manufacturers
shall comply with SAE Recommended Practice J2403, Medium/Heavy-Duty E/E
Systems Diagnosis Nomenclature; August 2004. This recommended practice
standardizes various terms, abbreviations, and acronyms associated with
on-board diagnostics. Manufacturers shall comply with SAE J2403
beginning with the Model Year 2013.

[[Page 3327]]

    (ii) For identification and scaling information necessary to
interpret and understand data available through Diagnostic Message 8,
manufacturers shall comply with SAE Recommended Practice J1939-73,
Application Layer--Diagnostics, revised June 2001. In the alternate,
manufacturers may comply with Service/Mode $06 pursuant to SAE
Recommended Practice J1979, E/E Diagnostic Test Modes--Equivalent to
ISO/DIS 15031-5: April 30, 2002. These recommended practices describe
the implementation of diagnostic test modes for emissions related test
data. Manufacturers shall comply with either SAE J1939-73 or SAE J1979
beginning with Model Year 2013. These recommended practices describe
the implementation of diagnostic test modes for emissions related test data.
    (iii) For pass-thru reprogramming capabilities, manufacturers shall
comply with Technology and Maintenance Council's (TMC) Recommended
Practice RP1210A, ``WindowsTM Communication API'' , July
1999. In the alternate, manufacturers may comply with SAE J2534,
Recommended Practice for Pass-Thru Vehicle Programming, December 2004.
These recommended practices provide technical specifications and
information that manufacturers must supply to equipment and tool
companies to develop aftermarket pass-thru reprogramming tools.
Manufacturers shall comply with either RP1210A or SAE J2534 beginning
with Model Year 2013.
    (18) Reporting Requirements. Performance reports that adequately
demonstrate that each manufacturer's Web site meets the information
requirements outlined in paragraphs (j)(6)(i) through (j)(6)(vi) of
this section shall be submitted to the Administrator annually or upon
request by the Administrator. These reports shall indicate the
performance and effectiveness of the Web sites by using commonly used
Internet statistics (e.g., successful requests, frequency of use,
number of subscriptions purchased, etc.) Manufacturers shall provide to
the Administrator reports on an annual basis within 30 days of the end
of the calendar year. These annual reports shall be submitted to the
Administrator electronically utilizing non-proprietary software in the
format as agreed to by the Administrator and the manufacturers.
    (19) Prohibited Acts, Liability and Remedies.
    (i) It is a prohibited act for any person to fail to promptly
provide or cause a failure to promptly provide information as required
by this paragraph (j), or to otherwise fail to comply or cause a
failure to comply with any provision of this subsection.
    (ii) Any person who fails or causes the failure to comply with any
provision of this paragraph (j) is liable for a violation of that
provision. A corporation is presumed liable for any violations of this
subpart that are committed by any of its subsidiaries, affiliates or
parents that are substantially owned by it or substantially under its
control.
    (iii) Any person who violates a provision of this paragraph (j)
shall be subject to a civil penalty of not more than $31,500 per day
for each violation. This maximum penalty is shown for calendar year
2002. Maximum penalty limits for later years may be set higher based on
the Consumer Price Index, as specified in 40 CFR part 19. In addition,
such person shall be liable for all other remedies set forth in Title
II of the Clean Air Act, remedies pertaining to provisions of Title II
of the Clean Air Act, or other applicable provisions of law.
    10. Section 86.013-2 is added to Subpart A to read as follows:

Sec.  86.013-2  Definitions.

    The definitions of Sec.  86.004-2 continue to apply to 2004 and
later model year vehicles, and the definitions of Sec.  86.010-2
continue to apply to 2010 and later model year vehicles. The definitions
listed in this section apply beginning with the 2013 model year.
    Onboard Diagnostics (OBD) group means a combination of engines,
engine families, or engine ratings that use the same OBD strategies and
similar calibrations.
    11. Section 86.013-17 is added to Subpart A to read as follows:

Sec.  86.013-17  On-board Diagnostics for engines used in applications
less than or equal to 14,000 pounds GVWR.

    Section 86.013-17 includes text that specifies requirements that
differ from Sec.  86.005-17, Sec.  86.007-17, and Sec.  86.010-17.
Where a paragraph in Sec.  86.005-17 or Sec.  86.007-17 or Sec. 
86.010-17 is identical and applicable to Sec.  86.013-17, this may be
indicated by specifying the corresponding paragraph and the statement
``[Reserved]. For guidance see Sec.  86.005-17.'' or ``[Reserved]. For
guidance see Sec.  86.007-17.'' or ``[Reserved]. For guidance see Sec. 
86.010-17.''
    (a) through (b)(1)(i) [Reserved]. For guidance see Sec.  86.010-17.
    (b)(1)(ii) Diesel.
    (A) If equipped, reduction catalyst deterioration or malfunction
before it results in exhaust NOX emissions exceeding the
applicable NOX FEL+0.3 g/bhp-hr. If equipped, oxidation
catalyst deterioration or malfunction before it results in exhaust NMHC
emissions exceeding 2 times the applicable NMHC standard. These
catalyst monitoring requirements need not be done if the manufacturer
can demonstrate that deterioration or malfunction of the system will
not result in exceedance of the threshold.
    (B) If equipped, diesel particulate trap deterioration or
malfunction before it results in exhaust emissions exceeding any of the
following levels: the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr
PM, whichever is higher; or, exhaust NMHC emissions exceeding 2 times
the applicable NMHC standard. Catastrophic failure of the particulate
trap must also be detected. In addition, the absence of the particulate
trap or the trapping substrate must be detected.
    (b)(2) [Reserved]. For guidance see Sec.  86.005-17.
    (b)(3)(i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices.
    (A) Otto-cycle. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is
higher; or, the applicable NOX FEL+0.3 g/bhp-hr; or, 2 times
the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices.
    (A) Otto-cycle. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is
higher; or, the applicable NOX FEL+0.3 g/bhp-hr; or, 2 times
the applicable NMHC standard; or, 2 times the applicable CO standard.
    (iii) NOX sensors.
    (A) Otto-cycle. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is
higher; or, the applicable NOX FEL+0.3 g/bhp-hr.

[[Page 3328]]

    (b)(4) [Reserved]. For guidance see Sec.  86.005-17.
    (b)(5) Other emission control systems and components.
    (i) Otto-cycle. Any deterioration or malfunction occurring in an
engine system or component directly intended to control emissions,
including but not necessarily limited to, the exhaust gas recirculation
(EGR) system, if equipped, the secondary air system, if equipped, and
the fuel control system, singularly resulting in exhaust emissions
exceeding 1.5 times the applicable emission standard or FEL for NMHC,
NOX or CO. For engines equipped with a secondary air system,
a functional check, as described in Sec. 86.005-17(b)(6), may satisfy
the requirements of this paragraph (b)(5) provided the manufacturer can
demonstrate that deterioration of the flow distribution system is
unlikely. This demonstration is subject to Administrator approval and,
if the demonstration and associated functional check are approved, the
diagnostic system must indicate a malfunction when some degree of
secondary airflow is not detectable in the exhaust system during the
check. For engines equipped with positive crankcase ventilation (PCV),
monitoring of the PCV system is not necessary provided the manufacturer
can demonstrate to the Administrator's satisfaction that the PCV system
is unlikely to fail.
    (ii) Diesel. Any deterioration or malfunction occurring in an
engine system or component directly intended to control emissions,
including but not necessarily limited to, the exhaust gas recirculation
(EGR) system, if equipped, and the fuel control system, singularly
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is
higher; or, the applicable NOX FEL+0.3 g/bhp-hr; or, 2 times
the applicable NMHC standard; or, 2 times the applicable CO standard. A
functional check, as described in Sec. 86.005-17(b)(6), may satisfy the
requirements of this paragraph (b)(5) provided the manufacturer can
demonstrate that a malfunction would not cause emissions to exceed the
applicable levels. This demonstration is subject to Administrator
approval. For engines equipped with crankcase ventilation (CV),
monitoring of the CV system is not necessary provided the manufacturer
can demonstrate to the Administrator's satisfaction that the CV system
is unlikely to fail.
    (b)(6) through (j) [Reserved]. For guidance see Sec.  86.010-17.
    (k) [Reserved.]
    12. Section 86.013-18 is added to Subpart A to read as follows:

Sec.  86.013-18  On-board Diagnostics for engines used in applications
greater than 14,000 pounds GVWR.

    Section 86.013-18 includes text that specifies requirements that
differ from Sec.  86.010-18. Where a paragraph in Sec.  86.010-18 is
identical and applicable to Sec.  86.013-18, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.  86.010-18.'' However, where a paragraph in Sec. 
86.010-18 is identical and applicable to Sec.  86.013-18, and there
appears the statement ``[Reserved]. For guidance see Sec.  86.010-18,''
it shall be understood that any referenced tables within Sec.  86.010-
18 shall actually refer to the applicable table shown in Sec.  86.013-18.
    (a) General. All heavy-duty engines intended for use in a heavy-
duty vehicle weighing more than 14,000 pounds GVWR must be equipped
with an on-board diagnostic (OBD) system capable of monitoring all
emission-related engine systems or components during the life of the
engine. The OBD system is required to detect all malfunctions specified
in paragraphs (g), and (i) of this section and paragraph (h) of Sec. 
86.010-18 although the OBD system is not required to use a unique
monitor to detect each of those malfunctions.
    (a)(1) [Reserved]. For guidance see Sec.  86.010-18.
    (a)(2) The OBD system must be equipped with a standardized data
link connector to provide access to the stored DTCs as specified in
paragraph (k)(2) of this section.
    (a)(3) and (a)(4) [Reserved]. For guidance see Sec.  86.010-18.
    (b) Malfunction indicator light (MIL) and Diagnostic Trouble Codes
(DTC). The OBD system must incorporate a malfunction indicator light
(MIL) or equivalent and must store specific types of diagnostic trouble
codes (DTC).
    (1) MIL specifications.
    (i) The MIL must be located on the driver's side instrument panel
and be of sufficient illumination and location to be readily visible
under all lighting conditions. The MIL must be amber (yellow) in color;
the use of red for the OBD-related MIL is prohibited. More than one
general purpose malfunction indicator light for emission-related
problems shall not be used; separate specific purpose warning lights
(e.g., brake system, fasten seat belt, oil pressure, etc.) are
permitted. When activated, the MIL must display the engine symbol
designated as F01 by the International Standards Organization (ISO) in
``Road vehicles--Symbols for controls, indicators and tell-tales,'' ISO
2575:2004.
    (b)(1)(ii) through (b)(1)(iv) [Reserved]. For guidance see Sec. 
86.010-18.
    (b)(1)(v) The MIL required by this paragraph (b) must not be used
in any other way than is specified in this section.
    (b)(2) [Reserved]. For guidance see Sec.  86.010-18.
    (b)(3) MIL deactivation and DTC erasure protocol.
    (i) Deactivating the MIL. Except as otherwise provided for in
paragraph (g)(2)(iv)(E) of this section and Sec.  86.010-
18(g)(6)(iv)(B) for diesel misfire malfunctions and empty reductant
tanks, and paragraphs (h)(1)(iv)(F), (h)(2)(viii), and (h)(7)(iv)(B) of
Sec.  86.010-18 for gasoline fuel system, misfire, and evaporative
system malfunctions, once the MIL has been activated, it may be
deactivated after three subsequent sequential drive cycles during which
the monitoring system responsible for activating the MIL functions and
the previously detected malfunction is no longer present and provided
no other malfunction has been detected that would independently
activate the MIL according to the requirements outlined in Sec. 
86.010-18(b)(2).
    (b)(3)(ii) through (b)(4) [Reserved.]
For guidance see Sec.  86.010-18.
    (c) Monitoring conditions. The OBD system must monitor and detect
the malfunctions specified in paragraphs (g) and (i) of this section
and Sec.  86.010-18(h) under the following general monitoring
conditions. The more specific monitoring conditions of paragraph (d) of
this section are sometimes required according to the provisions of
paragraphs (g) and (i) of this section and Sec. 86.010-18(h).
    (1) As specifically provided for in paragraphs (g) and (i) of this
section and Sec.  86.010-18(h), the monitoring conditions for detecting
malfunctions must be technically necessary to ensure robust detection
of malfunctions (e.g. avoid false passes and false indications of
malfunctions); designed to ensure monitoring will occur under
conditions that may reasonably be expected to be encountered in normal
vehicle operation and normal vehicle use; and, designed to ensure
monitoring will occur during the FTP transient test cycle contained in
Appendix I paragraph (f), of this part, or similar drive cycle as
approved by the Administrator.
    (c)(2) [Reserved]. For guidance see Sec.  86.010-18.
    (c)(3) Manufacturers may request approval to define monitoring
conditions that are not encountered during the FTP cycle as required in
paragraph (c)(1) of this section. In

[[Page 3329]]

evaluating the manufacturer's request, the Administrator will consider
the degree to which the requirement to run during the FTP transient
cycle restricts monitoring during in-use operation, the technical
necessity for defining monitoring conditions that are not encountered
during the FTP cycle, data and/or an engineering evaluation submitted
by the manufacturer that demonstrate that the component/system does not
normally function during the FTP, whether monitoring is otherwise not
feasible during the FTP cycle, and/or the ability of the manufacturer
to demonstrate that the monitoring conditions satisfy the minimum
acceptable in-use monitor performance ratio requirement as defined in
paragraph (d)(1)(ii) of this section.
    (d) through (d)(1)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (d)(1)(ii) Manufacturers must define monitoring conditions that, in
addition to meeting the criteria in paragraph (c)(1) of this section
and Sec.  86.010-18(d) through (d)(1)(i), ensure that the monitor
yields an in-use performance ratio (as defined in Sec.  86.010-18(d)(2)
that meets or exceeds the minimum acceptable in-use monitor performance
ratio of 0.100 for all monitors specifically required in paragraphs (g)
and (i) of this section and Sec.  86.010-18(h) to meet the monitoring
condition requirements in Sec.  86.010-(18)(d)(1)(i).
    (iii) If the most reliable monitoring method developed requires a
lower ratio for a specific monitor than that specified in paragraph
(d)(1)(ii) of this section, the Administrator may lower the minimum
acceptable in-use monitoring performance ratio.
    (d)(2) through (d)(3)(iv) [Reserved]. For guidance see Sec. 
86.010-18.
    (d)(3)(v) Manufacturers that use alternative statistical MIL
activation protocols as allowed in Sec.  86.010-18(b)(2)(iii) for any
of the monitors requiring a numerator, are required to increment the
numerator(s) appropriately. The manufacturer may be required to provide
supporting data and/or engineering analyses demonstrating both the
equivalence of their incrementing approach to the incrementing
specified in this paragraph (d)(3) for monitors using the standard MIL
activation protocol, and the overall equivalence of the incrementing
approach in determining that the minimum acceptable in-use performance
ratio of paragraph (d)(1)(ii) of this section has been satisfied.
    (d)(4) through (f) [Reserved]. For guidance see Sec.  86.010-18.
    (g) OBD monitoring requirements for diesel-fueled/compression-
ignition engines. The following table shows the thresholds at which
point certain components or systems, as specified in this paragraph
(g), are considered malfunctioning.

  Table 1.--OBD Emissions Thresholds for Diesel-Fueled/Compression Ignition Engines Meant for Engines Placed in
                             Applications Greater Than 14,000 Pounds GVWR (g/bhp-hr)
----------------------------------------------------------------------------------------------------------------
                                  Sec.   86.010-
           Component               18 reference         NMHC              CO              NOX             PM
----------------------------------------------------------------------------------------------------------------
NMHC catalyst system...........  (g)(5).........  2x.............  ...............  ...............  ...........
NOX aftertreatment system......  (g)(6).........  ...............  ...............  +0.3...........  ...........
                                 (g)(7)
Diesel particulate filter (DPF)  (g)(8).........  2x.............  ...............  ...............   0.05/+0.04
 system.
Air-fuel ratio sensors upstream  (g)(9).........  2x.............  2x.............  +0.3...........   0.03/+0.02
 of aftertreatment devices.
Air-fuel ratio sensors           (g)(9).........  2x.............  ...............  +0.3...........   0.05/+0.04
 downstream of aftertreatment
 devices.
NOX sensors....................  (g)(9).........  ...............  ...............  +0.3...........   0.05/+0.04
``Other monitors'' with          (g)(1).........  2x.............  2x.............  +0.3...........   0.03/+0.02
 emissions thresholds.           (g)(2).........
                                 (g)(3)
                                 (g)(4)
                                 (g)(10)
----------------------------------------------------------------------------------------------------------------
Notes: FEL=Family Emissions Limit; 2x std means a multiple of 2 times the applicable emissions standard; +0.3
  means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of the
  standard or FEL plus 0.04, whichever level is higher; these emissions thresholds apply to the monitoring
  requirements of paragraph (g) of this Sec.   86.013-18.

    (1) Fuel system monitoring.
    (g)(1)(i) through (g)(1)(iii)(A) [Reserved]. For guidance see Sec. 
86.010-18.
    (g)(1)(iii)(B) The manufacturer must define the monitoring
conditions for malfunctions identified in Sec.  86.010-18(g)(1)(ii)(B)
and (g)(1)(ii)(C) and Table 1 of paragraph (g) of this section in
accordance with paragraphs (c) and (d) of this section.
    (iv) Fuel system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (2) Engine misfire monitoring.
    (g)(2)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(2)(ii) Engine misfire malfunction criteria.
    (A) The OBD system must be capable of detecting misfire occurring
in one or more cylinders. To the extent possible without adding
hardware for this specific purpose, the OBD system must also identify
the specific misfiring cylinder. If more than one cylinder is
continuously misfiring, a separate DTC must be stored indicating that
multiple cylinders are misfiring. When identifying multiple cylinder
misfire, the OBD system is not required to identify individually
through separate DTCs each of the continuously misfiring cylinders.
    (B) On engines equipped with sensors that can detect combustion or
combustion quality (e.g., for use in engines with homogeneous charge
compression ignition (HCCI) control systems), the OBD system must
detect a misfire malfunction causing emissions to exceed the applicable
thresholds for ``other monitors'' shown in Table 1 of this paragraph
(g). To determine what level of misfire would cause emissions to exceed
the applicable emissions thresholds, the manufacturer must determine
the percentage of misfire evaluated in 1,000 revolution increments that
would cause emissions from an emission durability demonstration engine
to exceed the emissions thresholds if the percentage of misfire were
present from the beginning of the test. To establish this percentage of
misfire, the manufacturer must use misfire events occurring at equally
spaced, complete engine cycle intervals, across randomly selected
cylinders throughout each 1,000-revolution increment. If this percentage

[[Page 3330]]

of misfire is determined to be lower than one percent, the manufacturer
may set the malfunction criteria at one percent. Any misfire
malfunction must be detected if the percentage of misfire established
via this testing is exceeded regardless of the pattern of misfire
events (e.g., random, equally spaced, continuous). The manufacturer may
employ other revolution increments besides the 1,000 revolution
increment. To do so, the manufacturer must demonstrate that the
strategy is equally effective and timely in detecting misfire.
    (iii) Engine misfire monitoring conditions.
    (g)(2)(iii)(A) and (g)(2)(iii)(B) [Reserved]. For guidance see
Sec.  86.010-18.
    (g)(2)(iii)(C) For engines equipped with sensors that can detect
combustion or combustion quality the OBD system must monitor
continuously for engine misfire under all positive torque engine speed
and load conditions. If a monitoring system cannot detect all misfire
patterns under all required engine speed and load conditions, the
manufacturer may request that the Administrator approve the monitoring
system nonetheless. In evaluating the manufacturer's request, the
Administrator will consider the following factors: the magnitude of the
region(s) in which misfire detection is limited; the degree to which
misfire detection is limited in the region(s) (i.e., the probability of
detection of misfire events); the frequency with which said region(s)
are expected to be encountered in-use; the type of misfire patterns for
which misfire detection is troublesome; and demonstration that the
monitoring technology employed is not inherently incapable of detecting
misfire under required conditions (i.e., compliance can be achieved on
other engines). The evaluation will be based on the following misfire
patterns: equally spaced misfire occurring on randomly selected
cylinders; single cylinder continuous misfire; and, paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
    (iv) Engine misfire MIL activation and DTC storage.
    (A) General requirements for MIL activation and DTC storage are set
forth in paragraph (b) of this section.
    (B) For engines equipped with sensors that can detect combustion or
combustion quality, upon detection of the percentage of misfire
specified in paragraph (g)(2)(ii)(B) of this section, the following
criteria shall apply for MIL activation and DTC storage: A pending DTC
must be stored no later than after the fourth exceedance of the
percentage of misfire specified in paragraph (g)(2)(ii) of this section
during a single drive cycle; if a pending fault code has been stored,
the OBD system must activate the MIL and store a MIL-on DTC within 10
seconds if the percentage of misfire specified in paragraph (g)(2)(ii)
of this section is again exceeded four times during the drive cycle
immediately following storage of the pending DTC, regardless of the
conditions encountered during the drive cycle, or on the next drive
cycle in which similar conditions are encountered to those that were
occurring when the pending DTC was stored. Similar conditions means an
engine speed within 375 rpm, engine load within 20 percent, and the
same warm up status (i.e., cold or hot). The Administrator may approve
other definitions of similar conditions based on comparable timeliness
and reliability in detecting similar engine operation. The pending DTC
may be erased at the end of the next drive cycle in which similar
conditions are encountered to those that were occurring when the
pending DTC was stored provided the specified percentage of misfire was
not again exceeded. The pending DTC may also be erased if similar
conditions are not encountered during the 80 drive cycles immediately
following initial detection of the malfunction.
    (C) For engines equipped with sensors that can detect combustion or
combustion quality, the OBD system must store and erase freeze frame
conditions either in conjunction with storing and erasing a pending DTC
or in conjunction with storing and erasing a MIL-on DTC. If freeze
frame conditions are stored for a malfunction other than a misfire
malfunction when a DTC is stored as specified in paragraph
(g)(2)(iv)(B) of this section, the stored freeze frame information must
be replaced with the freeze frame information regarding the misfire
malfunction.
    (D) For engines equipped with sensors that can detect combustion or
combustion quality, upon detection of misfire according to paragraph
(g)(2)(iv)(B) of this section, the OBD system must also store the
following engine conditions: engine speed, load, and warm up status of
the first misfire event that resulted in the storage of the pending DTC.
    (E) For engines equipped with sensors that can detect combustion or
combustion quality, the MIL may be deactivated after three sequential
drive cycles in which similar conditions have been encountered without
an exceedance of the specified percentage of misfire.
    (3) EGR system monitoring.
    (g)(3)(i) and (g)(3)(ii) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(3)(iii) EGR system monitoring conditions.
    (g)(3)(iii)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(3)(iii)(B) The manufacturer must define the monitoring
conditions for malfunctions identified in Sec.  86.010-18(g)(3)(ii)(C)
and Table 1 of paragragh (g) of this section in accordance with
paragraphs (c) and (d) of this section, with the exception that
monitoring must occur every time the monitoring conditions are met
during the drive cycle rather than once per drive cycle as required in
Sec.  86.010-18(c)(2). For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect malfunctions identified in Sec.  86.010-18(g)(3)(ii)(C) and
Table 1 of paragraph (g) of this section must be tracked separately but
reported as a single set of values as specified in Sec.  86.010-
18(e)(1)(iii).
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(3)(ii)(E) and Table 1 of
paragraph (g) of this section in accordance with paragraphs (c) and (d)
of this section. For purposes of tracking and reporting as required in
Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect
malfunctions identified in Sec.  86.010-18(g)(3)(ii)(E) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (g)(3)(iii)(D) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(3)(iv) EGR system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (4) Turbo boost control system monitoring.
    (g)(4)(i) and (g)(4)(ii) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(4)(iii) Turbo boost control system monitoring conditions.
    (g)(4)(iii)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(iii)(3)(B) The manufacturer must define the monitoring
conditions for malfunctions identified in Sec.  86.010-18(g)(4)(ii)(C)
and Table 1 of paragraph (g) of this section in accordance with
paragraphs (c) and (d) of this section, with the exception that
monitoring must occur every time the monitoring conditions are met
during the drive cycle rather than once per drive cycle as required in
Sec.  86.010-18(c)(2). For purposes of tracking and reporting as required
in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect

[[Page 3331]]

malfunctions identified in Sec.  86.010-18(g)(4)(ii)(C) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(4)(ii)(E) and Table 1 of
paragraph (g) of this section in accordance with paragraphs (c) and (d)
of this section. For purposes of tracking and reporting as required in
Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect
malfunctions identified in Sec.  86.010-18(g)(4)(ii)(E) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (iv) Turbo boost system MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (5) NMHC converting catalyst monitoring.
    (g)(5)(i) and (g)(5)(ii) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(5)(iii) NMHC converting catalyst monitoring conditions. The
manufacturer must define the monitoring conditions for malfunctions
identified in Sec.  86.010-18(g)(5)(ii)(A) and (g)(5)(ii)(B) and Table
1 of paragraph (g) of this section in accordance with paragraphs (c)
and (d) of this section. For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect malfunctions identified in Sec.  86.010-18(g)(5)(ii)(A) and
(g)(5)(ii)(B) and Table 1 of paragraph (g) of this section must be
tracked separately but reported as a single set of values as specified
in Sec.  86.010-18(e)(1)(iii).
    (iv) NMHC converting catalyst MIL activation and DTC storage. The
MIL must activate and DTCs must be stored according to the provisions
of paragraph (b) of this section. The monitoring method for the NMHC
converting catalyst(s) must be capable of detecting all instances,
except diagnostic self-clearing, when a catalyst DTC has been erased
but the catalyst has not been replaced (e.g., catalyst over-temperature
histogram approaches are not acceptable).
    (6) Selective catalytic reduction (SCR) and lean NOX
catalyst monitoring.
    (g)(6)(i) and (g)(6)(ii) [Reserved]. For guidance see Sec.  86.010-18
    (g)(6)(iii) SCR and lean NOX catalyst monitoring
conditions.
    (A) The manufacturers must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(6)(ii)(A) and Table 1 of
paragraph (g) of this section in accordance with paragraphs (c) and (d)
of this section. For purposes of tracking and reporting as required in
Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect
malfunctions identified in Sec.  86.010-18(g)(6)(ii)(A) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (g)(6)(iii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(6)(iv) SCR and lean NOX catalyst MIL activation and
DTC storage.
    (A) For malfunctions identified in Sec.  86.010-18(g)(6)(ii)(A) and
Table 1 of paragraph (g) of this section, the MIL must activate and
DTCs must be stored according to the provisions of paragraph (b) of
this section.
    (g)(6)(iv)(B) and (g)(6)(iv)(C) [Reserved]. For guidance see Sec. 
86.010-18.
    (g)(7) NOX adsorber system monitoring.
    (g)(7)(i) and (g)(7)(ii) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(7)(iii) NOX adsorber system monitoring conditions.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(7)(ii)(A) and Table 1 of
paragraph (g) of this section in accordance with paragraphs (c) and (d)
of this section. For purposes of tracking and reporting as required in
Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect
malfunctions identified in Sec.  86.010-18(g)(7)(ii)(A) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in of Sec.  86.010-
18(e)(1)(iii).
    (g)(7)(iii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(7)(iv) NOX adsorber system MIL activation and DTC storage. The
MIL must activate and DTCs must be stored according to the provisions
of paragraph (b) of this section.
    (8) Diesel particulate filter (DPF) system monitoring.
    (g)(8)(i) and (g)(8)(ii) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(8)(iii) DPF monitoring conditions. The manufacturer must define
the monitoring conditions for malfunctions identified in Sec.  86.010-
18(g)(8)(ii) and Table 1 of paragraph (g) of this section in accordance
with paragraphs (c) and (d) of this section, with the exception that
monitoring must occur every time the monitoring conditions are met
during the drive cycle rather than once per drive cycle as required in
Sec.  86.010-18(c)(2). For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect malfunctions identified in Sec.  86.010-18(g)(8)(ii) and Table 1
of paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (iv) DPF system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (9) Exhaust gas sensor and sensor heater monitoring.
    (g)(9)(i) through (g)(9)(vi) [Reserved]. For guidance see Sec. 
86.010-18.
    (g)(9)(vii) Monitoring conditions for exhaust gas sensors.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(9)(ii)(A),
(g)(9)(iii)(A), and (g)(9)(iv)(A) (i.e., sensor performance) and Table
1 of paragraph (g) of this section in accordance with paragraphs (c)
and (d) of this section. For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect malfunctions identified in Sec.  86.010-18(g)(9)(ii)(A),
(g)(9)(iii)(A), and(g)(9)(iv)(A) and Table 1 of paragraph (g) of this
section must be tracked separately but reported as a single set of
values as specified in Sec.  86.010-18(e)(1)(iii).
    (B) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(9)(ii)(D),
(g)(9)(iii)(D), and (g)(9)(iv)(D) (i.e., monitoring function) and Table
1 of paragraph (g) of this section in accordance with paragraphs (c)
and (d) of this section with the exception that monitoring must occur
every time the monitoring conditions are met during the drive cycle
rather than once per drive cycle as required in Sec.  86.010-18(c)(2).
    (g)(9)(vii)(C) and (g)(9)(vii)(D) [Reserved]. For guidance see
Sec.  86.010-18.
    (g)(9)(viii) Monitoring conditions for exhaust gas sensor heaters.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(9)(A) (i.e., sensor
heater performance) and Table 1 of paragraph (g) of this section in
accordance with paragraphs (c) and (d) of this section.
    (g)(9)(viii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(9)(ix) Exhaust gas sensor and sensor heater MIL activation and
DTC storage. The MIL must activate and DTCs must be stored according to
the provisions of paragraph (b) of this section.
    (10) Variable valve timing (VVT) system monitoring.

[[Page 3332]]

    (g)(10)(i) and (g)(10)(vii) [Reserved]. For guidance see Sec. 
86.010-18.
    (g)(10)(iii) VVT system monitoring conditions. Manufacturers must
define the monitoring conditions for VVT system malfunctions identified
in Sec.  86.010-18(g)(10)(ii) and Table 1 of paragraph (g) of this
section in accordance with paragraphs (c) and (d) of this section, with
the exception that monitoring must occur every time the monitoring
conditions are met during the drive cycle rather than once per drive
cycle as required in Sec.  86.010-18(c)(2). For purposes of tracking
and reporting as required in Sec.  86.010-18(d) through (d)(1)(i), all
monitors used to detect malfunctions identified in Sec.  86.010-
18(g)(10)(ii) and Table 1 of paragraph (g) of this section must be
tracked separately but reported as a single set of values as specified
in Sec.  86.010-18(d)(1)(iii).
    (iv) VVT MIL activation and DTC storage. The MIL must activate and
DTCs must be stored according to the provisions of paragraph (b) of
this section.
    (h) [Reserved]. For guidance see Sec.  86.010-18.
    (i) OBD monitoring requirements for all engines.
    (1) Engine cooling system monitoring.
    (i)(1)(i) through (i)(1)(iii) [Reserved]. For guidance see Sec. 
86.010-18.
    (i)(1)(iv) Monitoring conditions for the thermostat.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph Sec.  86.010-18(i)(1)(ii)(A) and
Table 1 of paragraph (g) of this section in accordance with paragraph
(c) of this section. Additionally, except as provided for in Sec. 
86.010-18(i)(1)(iv)(B) and (i)(1)(iv)(C), monitoring for malfunctions
identified in Sec.  86.010-18(i)(1)(ii)(A) and Table 1 of paragraph (g)
of this section must be conducted once per drive cycle on every drive
cycle in which the ECT sensor indicates, at engine start, a temperature
lower than the temperature established as the malfunction criteria in
Sec.  86.010-18(i)(1)(ii)(A) and Table 1 of paragraph (g) of this section.
    (i)(1)(iv)(B) and (i)(1)(iv)(C) [Reserved]. For guidance see Sec. 
86.010-18.
    (i)(1)(v) Monitoring conditions for the ECT sensor.
    (i)(1)(v)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (i)(1)(v)(B) The manufacturer must define the monitoring conditions
for malfunctions identified in Sec.  86.010-18(i)(1)(iii)(B) and Table
1 of paragraph (g) of this section in accordance with paragraph (c) of
this section. Additionally, except as provided for in Sec.  86.010-
18(i)(1)(v)(D), monitoring for malfunctions identified in Sec.  86.010-
18(i)(1)(iii)(B) and Table 1 of paragraph (g) of this section must be
conducted once per drive cycle on every drive cycle in which the ECT
sensor indicates a temperature lower than the closed-loop enable
temperature at engine start (i.e., all engine start temperatures
greater than the ECT sensor out-of-range low temperature and less than
the closed-loop enable temperature).
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(i)(1)(iii)(C) and
(i)(1)(iii)(D) and Table 1 of paragraph (g) of this section in
accordance with paragraphs (c) and (d) of this section.
    (i)(1)(v)(D) and (i)(1)(v)(E) [Reserved]. For guidance see Sec. 
86.010-18.
    (i)(1)(vi) Engine cooling system MIL activation and DTC storage.
The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (2) Crankcase ventilation (CV) system monitoring.
    (i)(2)(i) and (i)(2)(ii) [Reserved]. For guidance see Sec.  86.010-18.
    (i)(2)(iii) Crankcase ventilation system monitoring conditions. The
manufacturer must define the monitoring conditions for malfunctions
identified in Sec.  86.010-18(i)(2)(ii) and Table 1 of paragraph (g) of
this section in accordance with paragraphs (c) and (d) of this section.
    (iv) Crankcase ventilation system MIL activation and DTC storage.
The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section. The stored DTC need not
identify specifically the CV system (e.g., a DTC for idle speed control
or fuel system monitoring can be stored) if the manufacturer can
demonstrate that additional monitoring hardware would be necessary to
make such an identification and provided the manufacturer's diagnostic
and repair procedures for the detected malfunction include directions
to check the integrity of the CV system.
    (3) Comprehensive component monitoring.
    (i) General. Except as provided for in paragraph (i)(4) of this
section, the OBD system must detect a malfunction of any electronic
engine component or system not otherwise described in paragraphs (g),
(i)(1), and (i)(2) of this section and Sec.  86.010-18(h) that either
provides input to (directly or indirectly, such components may include
the crank angle sensor, knock sensor, throttle position sensor, cam
position sensor, intake air temperature sensor, boost pressure sensor,
manifold pressure sensor, mass air flow sensor, exhaust temperature
sensor, exhaust pressure sensor, fuel pressure sensor, fuel composition
sensor of a flexible fuel vehicle, etc.) or receives commands from
(such components or systems may include the idle speed control system,
glow plug system, variable length intake manifold runner systems,
supercharger or turbocharger electronic components, heated fuel
preparation systems, the wait-to-start lamp on diesel applications, the
MIL, etc.) the onboard computer(s) and meets either of the criteria
described in Sec.  86.010-18(i)(3)(i)(A) and/or (i)(3)(i)(B). Note
that, for the purposes of this paragraph (i)(3), ``electronic engine
component or system'' does not include components that are driven by
the engine and are not related to the control of the fueling, air
handling, or emissions of the engine (e.g., PTO components, air
conditioning system components, and power steering components).
    (i)(3)(i)(A) through (i)(3)(iii) [Reserved]. For guidance see Sec. 
86.010-18.
    (i)(3)(iv) Monitoring conditions for input components.
    (i)(3)(iv)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (i)(3)(iv)(B) For input component rationality checks (where
applicable), the manufacturer must define the monitoring conditions for
detecting malfunctions in accordance with paragraphs (c) and (d) of
this section, with the exception that rationality checks must occur
every time the monitoring conditions are met during the drive cycle
rather than once per drive cycle as required in Sec.  86.010-18(c)(2).
    (v) Monitoring conditions for output components/systems.
    (i)(3)(v)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (i)(3)(v)(B) For output component/system functional checks, the
manufacturer must define the monitoring conditions for detecting
malfunctions in accordance with paragraphs (c) and (d) of this section.
Specifically for the idle control system, the manufacturer must define
the monitoring conditions for detecting malfunctions in accordance with
paragraphs (c) and (d) of this section, with the exception that
functional checks must occur every time the monitoring conditions are
met during the drive cycle rather than once per drive cycle as required
in Sec.  86.010-18(c)(2).
    (vi) Comprehensive component MIL activation and DTC storage.
    (A) Except as provided for in Sec.  86.010-18(i)(3)(vi)(B) and
(i)(3)(vi)(C), the MIL must activate and DTCs must be

[[Page 3333]]

stored according to the provisions of paragraph (b) of this section.
    (i)(3)(vi)(B) and (i)(3)(vi)(C) [Reserved]. For guidance see Sec. 
86.010-18.
    (i)(4) Other emission control system monitoring.
    (i) General. For other emission control systems that are either not
addressed in Sec.  86.010-18(h) and paragraphs (g) and (i)(1) through
(i)(3) of this section (e.g., hydrocarbon traps, homogeneous charge
compression ignition control systems), or addressed in paragraph (i)(3)
of this section but not corrected or compensated for by an adaptive
control system (e.g., swirl control valves), the manufacturer must
submit a plan for Administrator approval of the monitoring strategy,
malfunction criteria, and monitoring conditions prior to introduction
on a production engine. The plan must demonstrate the effectiveness of
the monitoring strategy, the malfunction criteria used, the monitoring
conditions required by the monitor, and, if applicable, the determination
that the requirements of Sec.  86.010-18(i)(4)(ii) are satisfied.
    (i)(4)(ii) through (i)(5)(v) [Reserved]. For guidance see Sec. 
86.010-18.
    (i)(6) Feedback control system monitoring. If the engine is
equipped with feedback control of any of the systems covered in
paragraphs (g) and (i) of this section and Sec.  86.010-18(h), then the
OBD system must detect as malfunctions the conditions specified in this
paragraph (i)(6) for each of the individual feedback controls.
    (i)(6)(i) through (i)(6)(iv) [Reserved]. For guidance see Sec. 
86.010-18.
    (j) Production evaluation testing.
    (1) Verification of standardization requirements.
    (i) The manufacturer must perform testing to verify that production
vehicles meet the requirements of paragraphs (k)(3) and (k)(4) of this
section relevant to the proper communication of required emissions-
related messages to a SAE J1978/J1939 scan tool.
    (ii) Selection of test vehicles.
    (A) The manufacturer must perform this testing every model year on
ten unique production vehicles (i.e., engine rating and chassis
application combination) per engine family. If there are less than ten
unique production vehicles for a certain engine family, the
manufacturer must test each unique production vehicle in that engine
family. The manufacturer must perform this testing within either three
months of the start of engine production or one month of the start of
vehicle production, whichever is later. The manufacturer may request
approval to group multiple production vehicles together and test one
representative vehicle per group. To do so, the software and hardware
designed to comply with the standardization requirements of paragraph
(k) of this section (e.g., communication protocol message timing,
number of supported data stream parameters, engine and vehicle
communication network architecture) in the representative vehicle must
be identical to all others in the group and any differences in the
production vehicles cannot be relevant with respect to meeting the
criteria of paragraph (j)(1)(iv) of this section.
    (B) For 2016 and subsequent model years, the required number of
vehicles to be tested shall be reduced to five per engine family
provided zero vehicles fail the testing required by paragraph (j)(1) of
this section for two consecutive years.
    (C) For 2019 and subsequent model years, the required number of
vehicles to be tested shall be reduced to three per engine family
provided zero vehicles fail the testing required by paragraph (j)(1) of
this section for three consecutive years.
    (D) The requirement for submittal of data from one or more of the
production vehicles shall be waived if data have been submitted
previously for all of the production vehicles. The manufacturer may
request approval to carry over data collected in previous model years.
To do so, the software and hardware designed to comply with the
standardization requirements of paragraph (k) of this section must be
identical to the previous model year and there must not have been other
hardware or software changes that affect compliance with the
standardization requirements.
    (iii) Test equipment. For the testing required by paragraph (j)(1)
of this section, the manufacturer shall use an off-board device to
conduct the testing. The manufacturer must be able to show that the
off-board device is able to verify that the vehicles tested using the
device are able to perform all of the required functions in paragraph
(j)(1)(iv) of this section with any other off-board device designed and
built in accordance with the SAE J1978/J1939 generic scan tool
specifications.
    (iv) Required testing. The testing must verify that communication
can be established properly between all emission-related on-board
computers and any SAE J1978/J1939 scan tool designed to adhere strictly
to the communication protocols allowed in paragraph (k)(3) of this
section. The testing must also verify that all emission-related
information is communicated properly between all emission-related on-
board computers and any SAE J1978/J1939 scan tool in accordance with
the requirements of paragraph (k) of this section and the applicable
ISO and SAE specifications including specifications for physical layer,
network layer, message structure, and message content. The testing must
also verify that the onboard computer(s) can properly respond to any
SAE J1978/J1939 scan tool request to clear emissions-related DTCs and
reset the ready status in accordance with paragraph (k)(4)(ix) of this
section. The testing must further verify that the following information
can be properly communicated to any SAE J1978/J1939 scan tool:
    (A) The current ready status from all onboard computers required to
support ready status in accordance with SAE J1978/J1939-73 and
paragraph (k)(4)(i) of this section in the key-on, engine-off position
and while the engine is running.
    (B) The MIL command status while a deactivated MIL is commanded and
while an activated MIL is commanded in accordance with SAE J1979/J1939
and paragraph (k)(4)(ii) of this section in the key-on, engine-off
position and while the engine is running, and in accordance with SAE
J1979/J1939 and Sec.  86.010-18(b)(1)(ii) during the MIL functional
check and, if applicable, (k)(4)(i)(C) of this section during the MIL
ready status check while the engine is off.
    (C) All data stream parameters required in paragraph (k)(4)(ii) of
this section in accordance with SAE J1979/J1939 including, if
applicable, the proper identification of each data stream parameter as
supported in SAE J1979 (e.g., Mode/Service $01, PID $00).
    (D) The CAL ID, CVN, and VIN as required by paragraphs (k)(4)(vi),
(k)(4)(vii), and (k)(4)(viii) of this section and in accordance with
SAE J1979/J1939.
    (E) An emissions-related DTC (permanent, pending, MIL-on, previous-
MIL-on) in accordance with SAE J1979/J1939-73 (including the correct
indication of the number of stored DTCs (e.g., Mode/Service $01, PID
$01, Data A for SAE J1979)) and paragraph (k)(4)(iv) of this section.
    (v) Reporting of results. The manufacturer must submit to the
Administrator the following, based on the results of the testing
required by paragraph (j)(1)(iv) of this section:
    (A) If a variant meets all the requirements of paragraph (j)(1)(iv)
of this section, a statement specifying that the variant passed all the
tests. Upon request from the Administrator, the

[[Page 3334]]

detailed results of any such testing may have to be submitted.
    (B) If any variant does not meet the requirements of paragraph
(j)(1)(iv) of this section, a written report detailing the problem(s)
identified and the manufacturer's proposed corrective action (if any)
to remedy the problem(s). This report must be submitted within one
month of testing the specific variant. The Administrator will consider
the proposed remedy and, if in disagreement, will work with the
manufacturer to propose an alternative remedy. Factors to be considered
by the Administrator in considering the proposed remedy will include
the severity of the problem(s), the ability of service technicians to
access the required diagnostic information, the impact on equipment and
tool manufacturers, and the amount of time prior to implementation of
the proposed corrective action.
    (vi) Alternative testing protocols. Manufacturers may request
approval to use other testing protocols. To do so, the manufacturer
must demonstrate that the alternative testing methods and equipment
will provide an equivalent level of verification of compliance with the
standardization requirements as is required by paragraph (j)(1) of this
section.
    (2) Verification of monitoring requirements.
    (j)(2)(i) through (j)(2)(ii)(C) [Reserved]. For guidance see Sec. 
86.010-18.
    (j)(2)(iii) Evaluation requirements.
    (A) The evaluation must demonstrate the ability of the OBD system
on the selected test vehicle to detect a malfunction, activate the MIL,
and, where applicable, store an appropriate DTC readable by a SAE
J1978/J1939 scan tool when a malfunction is present and the monitoring
conditions have been satisfied for each individual monitor required by
this section.
    (j)(2)(iii)(B) through (j)(2)(iv) [Reserved]. For guidance see
Sec.  86.010-18.
    (j)(3) Verification of in-use monitoring performance ratios.
    (j)(3)(i) through (j)(3)(iii) [Reserved]. For guidance see Sec. 
86.010-18.
    (j)(3)(iv) For each monitoring performance group, the data must
include all of the in-use performance tracking data reported through
SAE J1979/J1939 (i.e., all numerators, denominators, the general
denominator, and the ignition cycle counter), the date the data were
collected, the odometer reading, the VIN, and the calibration ID.
    (j)(3)(v) and (j)(3)(vi) [Reserved]. For guidance see Sec.  86.010-18.
    (k) Standardization requirements.
    (k)(1) through (k)(1)(i)(B) [Reserved]. For guidance see Sec. 
86.010-18.
    (k)(1)(i)(C) SAE J1962 ``Diagnostic Connector--;Equivalent to ISO/
DIS 15031-3: December 14, 2001,'' April 2002.
    (k)(1)(i)(D) through (k)(1)(ii)(A) [Reserved]. For guidance see
Sec.  86.010-18.
    (k)(2) Diagnostic connector. A standard data link connector
conforming to SAE J1962 or SAE J1939-13 specifications (except as
provided for in paragraph (k)(2)(iii) of this section) must be included
in each vehicle.
    (i) The connector must be located in the driver's side foot-well
region of the vehicle interior in the area bound by the driver's side
of the vehicle and the driver's side edge of the center console (or the
vehicle centerline if the vehicle does not have a center console) and
at a location no higher than the bottom of the steering wheel when in
the lowest adjustable position. The connector shall not be located on
or in the center console (i.e., neither on the horizontal faces near
the floor-mounted gear selector, parking brake lever, or cup-holders
nor on the vertical faces near the car stereo, climate system, or
navigation system controls). The location of the connector shall be
capable of being easily identified and accessed (e.g., to connect an
off-board tool). For vehicles equipped with a driver's side door, the
connector must be identified and accessed easily by someone standing
(or ``crouched'') on the ground outside the driver's side of the
vehicle with the driver's side door open. The Administrator may approve
an alternative location upon request from the manufacturer. In all
cases, the installation position of the connector must be both
identified and accessed easily by someone standing outside the vehicle
and protected from accidental damage during normal vehicle use.
    (ii) If the connector is covered, the cover must be removable by
hand without the use of any tools and be labeled ``OBD'' to aid
technicians in identifying the location of the connector. Access to the
diagnostic connector shall not require opening or the removal of any
storage accessory (e.g., ashtray, coinbox). The label must clearly
identify that the connector is located behind the cover and is
consistent with language and/or symbols commonly used in the automobile
and/or heavy truck industry.
    (iii) If the ISO 15765-4 communication protocol is used for the
required OBD standardized functions, the connector must meet the ``Type
A'' specifications of SAE J1962. Any pins in the connector that provide
electrical power must be properly fused to protect the integrity and
usefulness of the connector for diagnostic purposes and shall not
exceed 20.0 Volts DC regardless of the nominal vehicle system or
battery voltage (e.g., 12V, 24V, 42V).
    (iv) If the SAE J1939 protocol is used for the required OBD
standardized functions, the connector must meet the specifications of
SAE J1939-13. Any pins in the connector that provide electrical power
must be properly fused to protect the integrity and usefulness of the
connector for diagnostic purposes.
    (v) The manufacturer may equip engines/vehicles with additional
diagnostic connectors for manufacturer-specific purposes (i.e.,
purposes other than the required OBD functions). However, if the
additional connector conforms to the ``Type A'' specifications of SAE
J1962 or the specifications of SAE J1939-13 and is located in the
vehicle interior near the required connector as described in this
paragraph (k)(2) of this section, the connector(s) must be labeled
clearly to identify which connector is used to access the standardized
OBD information required by paragraph (k) of this section.
    (3) Communications to a scan tool. All OBD control modules (e.g.,
engine, auxiliary emission control module) on a single vehicle must use
the same protocol for communication of required emission-related
messages from on-board to off-board network communications to a scan
tool meeting SAE J1978 specifications or designed to communicate with
an SAE J1939 network. Engine manufacturers shall not alter normal
operation of the engine emission control system due to the presence of
off-board test equipment accessing information required by this
paragraph (k). The OBD system must use one of the following
standardized protocols:
    (i) ISO 15765-4. All required emission-related messages using this
protocol must use a 500 kbps baud rate.
    (ii) SAE J1939. This protocol may only be used on vehicles with
diesel engines.
    (4) Required emission related functions. The following standardized
functions must be implemented in accordance with the specifications in
SAE J1979 or SAE J1939 to allow for access to the required information
by a scan tool meeting SAE J1978 specifications or designed to
communicate with an SAE J1939 network:
    (i) Ready status. In accordance with SAE J1979/J1939-73
specifications, the OBD system must indicate ``complete'' or ``not
complete'' for each of the installed monitored components and

[[Page 3335]]

systems identified in paragraphs (g), and (i)(3) of this section, and
paragraph (h) with the exception of Sec.  86.010-18(h)(4). All
components or systems identified in Sec.  86.010-18(h)(1) or (h)(2), or
(i)(3) of this section that are monitored continuously must always
indicate ``complete.'' Components or systems that are not subject to
being monitored continuously must immediately indicate ``complete''
upon the respective monitor(s) being executed fully and determining
that the component or system is not malfunctioning. A component or
system must also indicate ``complete'' if, after the requisite number
of decisions necessary for determining MIL status has been executed
fully, the monitor indicates a malfunction of the component or system.
The status for each of the monitored components or systems must
indicate ``not complete'' whenever diagnostic memory has been cleared
or erased by a means other than that allowed in paragraph (b) of this
section. Normal vehicle shut down (i.e., key-off/engine-off) shall not
cause the status to indicate ``not complete.''
    (k)(4)(i)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(i)(B) For the evaporative system monitor, the ready status
must be set in accordance with this paragraph (k)(4)(i) when both the
functional check of the purge valve and, if applicable, the leak
detection monitor of the hole size specified in Sec.  86.010-
18(h)(7)(ii)(B) indicate that they are complete.
    (C) If the manufacturer elects to indicate ready status through the
MIL in the key-on/engine-off position as provided for in Sec.  86.010-
18(b)(1)(iii), the ready status must be indicated in the following
manner: If the ready status for all monitored components or systems is
``complete,'' the MIL shall remain continuously activated in the key-
on/engine-off position for at least 10-20 seconds. If the ready status
for one or more of the monitored components or systems is ``not
complete,'' after at least 5 seconds of operation in the key-on/engine-
off position with the MIL activated continuously, the MIL shall blink
once per second for 5-10 seconds. The data stream value for MIL status
as required in paragraph (k)(4)(ii) of this section must indicate
``commanded off'' during this sequence unless the MIL has also been
``commanded on'' for a detected malfunction.
    (ii) Data stream. The following signals must be made available on
demand through the standardized data link connector in accordance with
SAE J1979/J1939 specifications. The actual signal value must always be
used instead of a limp home value.
    (k)(4)(ii)(A) through (k)(4)(ii)(C) [Reserved]. For guidance see
Sec.  86.010-18.
    (k)(4)(iii) Freeze frame.
    (A) ``Freeze frame'' information required to be stored pursuant to
Sec.  86.010-18(b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) must be made
available on demand through the standardized data link connector in
accordance with SAE J1979/J1939-73 specifications.
    (k)(4)(iii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(iii)(C) Only one frame of data is required to be recorded.
The manufacturer may choose to store additional frames provided that at
least the required frame can be read by a scan tool meeting SAE J1978
specifications or designed to communicate with an SAE J1939 network.
    (iv) Diagnostic trouble codes.
    (A) For all monitored components and systems, any stored pending,
MIL-on, and previous-MIL-on DTCs must be made available through the
diagnostic connector in a standardized format in accordance with SAE
J1939 or ISO 15765-4 specifications. Standardized DTCs conforming to
the applicable standardized specifications must be employed.
    (k)(4)(iv)(B) and (k)(4)(iv)(C) [Reserved]. For guidance see Sec. 
86.010-18.
    (k)(4)(iv)(D) A pending or MIL-on DTC (as required in paragraphs
(g) and (i) of this section and Sec.  86.010-18(h)) must be stored and
available to an SAE J1978 or SAE J1939 scan tool within 10 seconds
after a monitor has determined that a malfunction or potential
malfunction has occurred. A permanent DTC must be stored and available
to an SAE J1978 or SAE J1939 scan tool no later than the end of an
ignition cycle in which the corresponding MIL-on DTC that caused MIL
activation has been stored.
    (E) Pending DTCs for all components and systems (including those
monitored continuously and non-continuously) must be made available
through the diagnostic connector in accordance with the applicable
standard's specifications. A manufacturer using alternative statistical
protocols for MIL activation as allowed in Sec.  86.010-18(b)(2)(iii)
must submit the details of their protocol for setting pending DTCs. The
protocol must be, overall, equivalent to the requirements of this
paragraph (k)(4)(iv)(E) and provide service technicians with a quick
and accurate indication of a potential malfunction.
    (F) Permanent DTC for all components and systems must be made
available through the diagnostic connector in a standardized format
that distinguishes permanent DTCs from pending DTCs, MIL-on DTCs, and
previous-MIL-on DTCs. A MIL-on DTC must be stored as a permanent DTC no
later than the end of the ignition cycle and subsequently at all times
that the MIL-on DTC is commanding the MIL on. Permanent DTCs must be
stored in non-volatile random access memory (NVRAM) and shall not be
erasable by any scan tool command or by disconnecting power to the on-
board computer. Permanent DTCs must be erasable if the engine control
module is reprogrammed and the ready status described in paragraph
(k)(4)(i) of this section for all monitored components and systems are
set to ``not complete.'' The OBD system must have the ability to store
a minimum of four current MIL-on DTCs as permanent DTCs in NVRAM. If
the number of MIL-on DTCs currently commanding activation of the MIL
exceeds the maximum number of permanent DTCs that can be stored, the
OBD system must store the earliest detected MIL-on DTC as permanent
DTC. If additional MIL-on DTCs are stored when the maximum number of
permanent DTCs is already stored in NVRAM, the OBD system shall not
replace any existing permanent DTC with the additional MIL-on DTCs.
    (v) Test results.
    (A) Except as provided for in Sec.  86.010-18(k)(4)(v)(G), for all
monitored components and systems identified in paragraph (g) of this
section and Sec.  86.010-18(h), results of the most recent monitoring
of the components and systems and the test limits established for
monitoring the respective components and systems must be stored and
available through the data link in accordance with the standardized
format specified in SAE J1979 (for engines using the ISO 15765-4
protocol) or SAE J1939.
    (k)(4)(v)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(v)(C) The test results must be standardized such that the
name of the monitored component (e.g., catalyst bank 1) can be
identified by a generic scan tool and the test results and limits can
be scaled and reported by a generic scan tool with the appropriate
engineering units.
    (k)(4)(v)(D) through (k)(4)(v)(G) [Reserved]. For guidance see
Sec.  86.010-18.
    (k)(4)(vi) Software calibration identification (CAL ID). On all
engines, a single software calibration identification number (CAL ID)
for each monitor or emission critical control unit(s) must be made
available through the standardized data link connector in accordance
with the SAE J1979/J1939

[[Page 3336]]

specifications. A unique CAL ID must be used for every emission-related
calibration and/or software set having at least one bit of different
data from any other emission-related calibration and/or software set.
Control units coded with multiple emission or diagnostic calibrations
and/or software sets must indicate a unique CAL ID for each variant in
a manner that enables an off-board device to determine which variant is
being used by the vehicle. Control units that use a strategy that will
result in MIL activation if the incorrect variant is used (e.g.,
control units that contain variants for manual and automatic
transmissions but will activate the MIL if the selected variant does
not match the type of transmission mated to the engine) are not
required to use unique CAL IDs.
    (vii) Software calibration verification number (CVN).
    (A) All engines must use an algorithm to calculate a single
calibration verification number (CVN) that verifies the on-board
computer software integrity for each monitor or emission critical
control unit that is electronically reprogrammable. The CVN must be
made available through the standardized data link connector in
accordance with the SAE J1979/J1939 specifications. The CVN must
indicate whether the emission-related software and/or calibration data
are valid and applicable for the given vehicle and CAL ID.
    (k)(4)(vii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(vii)(C) The CVN must be calculated at least once per drive
cycle and stored until the CVN is subsequently updated. Except for
immediately after a reprogramming event or a non-volatile memory clear
or for the first 30 seconds of engine operation after a volatile memory
clear or battery disconnect, the stored value must be made available
through the data link connector to a generic scan tool in accordance
with SAE J1979/J1939 specifications. The stored CVN value shall not be
erased when DTC memory is erased by a generic scan tool in accordance
with SAE J1979/J1939 specifications or during normal vehicle shut down
(i.e., key-off/engine-off).
    (D) The CVN and CAL ID combination information must be available
for all engines/vehicles in a standardized electronic format that
allows for off-board verification that the CVN is valid and appropriate
for a specific vehicle and CAL ID.
    (viii) Vehicle identification number (VIN).
    (A) All vehicles must have the vehicle identification number (VIN)
available in a standardized format through the standardized data link
connector in accordance with SAE J1979/J1939 specifications. Only one
electronic control unit per vehicle may report the VIN to an SAE J1978/
J1939 scan tool.
    (k)(4)(viii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(ix) Erasure of diagnostic information.
    (A) For purposes of this paragraph (k)(4)(ix), ``emission-related
diagnostic information'' includes all of the following: ready status as
required by paragraph (k)(4)(i) of this section; data stream
information as required by paragraph (k)(4)(ii) of this section
including the number of stored MIL-on DTCs, distance traveled while MIL
activated, number of warm-up cycles since DTC memory last erased, and
distance traveled since DTC memory last erased; freeze frame
information as required by paragraph (k)(4)(iii) of this section;
pending, MIL-on, and previous-MIL-on DTCs as required by paragraph
(k)(4)(iv) of this section; and, test results as required by paragraph
(k)(4)(v) of this section.
    (k)(4)(ix)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(5) In-use performance ratio tracking requirements.
    (i) For each monitor required in paragraphs (g) and (i) of this
section and Sec.  86.010-18(h) to separately report an in-use
performance ratio, manufacturers must implement software algorithms to
report a numerator and denominator in the standardized format specified
in this paragraph (k)(5) in accordance with the SAE J1979/J1939
specifications.
    (ii) For the numerator, denominator, general denominator, and
ignition cycle counters required by Sec.  86.010-18(e), the following
numerical value specifications apply:
    (A) Each number shall have a minimum value of zero and a maximum
value of 65,535 with a resolution of one.
    (B) Each number shall be reset to zero only when a non-volatile
random access memory (NVRAM) reset occurs (e.g., reprogramming event)
or, if the numbers are stored in keep-alive memory (KAM), when KAM is
lost due to an interruption in electrical power to the control unit
(e.g., battery disconnect). Numbers shall not be reset to zero under
any other circumstances including when a scan tool command to clear
DTCs or reset KAM is received.
    (C) To avoid overflow problems, if either the numerator or
denominator for a specific component reaches the maximum value of
65,535 ±2, both numbers shall be divided by two before
either is incremented again.
    (D) To avoid overflow problems, if the ignition cycle counter
reaches the maximum value of 65,535 ±2, the ignition cycle
counter shall rollover and increment to zero on the next ignition cycle.
    (E) To avoid overflow problems, if the general denominator reaches
the maximum value of 65,535 ±2, the general denominator
shall rollover and increment to zero on the next drive cycle that meets
the general denominator definition.
    (F) If a vehicle is not equipped with a component (e.g., oxygen
sensor bank 2, secondary air system), the corresponding numerator and
denominator for that specific component shall always be reported as zero.
    (iii) For the ratio required by Sec.  86.010-18(e), the following
numerical value specifications apply:
    (A) The ratio shall have a minimum value of zero and a maximum
value of 7.99527 with a resolution of 0.000122.
    (B) The ratio for a specific component shall be considered to be
zero whenever the corresponding numerator is equal to zero and the
corresponding denominator is not zero.
    (C) The ratio for a specific component shall be considered to be
the maximum value of 7.99527 if the corresponding denominator is zero
or if the actual value of the numerator divided by the denominator
exceeds the maximum value of 7.99527.
    (6) Engine run time tracking requirements.
    (i) For all gasoline and diesel engines, the manufacturer must
implement software algorithms to track and report individually in a
standardized format the amount of time the engine has been operated in
the following conditions:
    (A) Total engine run time.
    (B) Total idle run time (with ``idle'' defined as accelerator pedal
released by the driver, vehicle speed less than or equal to one mile
per hour, engine speed greater than or equal to 50 to 150 rpm below the
normal, warmed-up idle speed (as determined in the drive position for
vehicles equipped with an automatic transmission), and power take-off
not active).
    (C) Total run time with power take off active.
    (ii) For each counter specified in paragraph (k)(6)(i) of this
section, the following numerical value specifications apply:
    (A) Each number shall be a four-byte value with a minimum value of
zero, a resolution of one second per bit, and an accuracy of < plus-minus>
ten seconds per drive cycle.

[[Page 3337]]

    (B) Each number shall be reset to zero only when a non-volatile
memory reset occurs (e.g., reprogramming event). Numbers shall not be
reset to zero under any other circumstances including when a scan tool
(generic or enhanced) command to clear fault codes or reset KAM is
received.
    (C) To avoid overflow problems, if any of the individual counters
reach the maximum value, all counters shall be divided by two before
any are incremented again.
    (D) The counters shall be made available to a generic scan tool in
accordance with the SAE J1979/J1939 specifications and may be rescaled
when transmitted, if required by the SAE specifications, from a
resolution of one second per bit to no more than three minutes per bit.
    (l) Monitoring system demonstration requirements for certification.
    (1) General.
    (l)(1)(i) through (l)(1)(iii) [Reserved]. For guidance see Sec. 
86.010-18.
    (l)(2) Selection of test engines.
    (l)(2)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(2)(ii) A manufacturer certifying one to five engine families in
a given model year must provide emissions test data for a single test
engine from one engine rating. A manufacturer certifying six to ten
engine families in a given model year must provide emissions test data
for a single test engine from two different engine ratings. A
manufacturer certifying eleven or more engine families in a given model
year must provide emissions test data for a single test engine from
three different engine ratings. A manufacturer may forego submittal of
test data for one or more of these test engines if data have been
submitted previously for all of the engine ratings and/or if all
requirements for certification carry-over from one model year to the
next are satisfied.
    (iii) For a given model year, a manufacturer may elect to provide
emissions data for test engines from more engine ratings than required
by paragraph (l)(2)(ii) of this section. For each additional engine
rating tested in that given model year, the number of engine ratings
required for testing in one future model year will be reduced by one.
    (iv) For the test engine, the manufacturer must use an engine aged
for a minimum of 125 hours fitted with exhaust aftertreatment emission
controls aged to be representative of useful life aging. The
manufacturer is required to submit a description of the accelerated
aging process and/or supporting data. The process and/or data must
demonstrate assurance that deterioration of the exhaust aftertreatment
emission controls is stabilized sufficiently such that it represents
emission control performance at the end of the useful life.
    (3) Required testing. Except as otherwise described in this
paragraph (l)(3) of this section, the manufacturer must perform single
malfunction testing based on the applicable test with the components/
systems set at their malfunction criteria limits as determined by the
manufacturer for meeting the emissions thresholds required in
paragraphs (g) and (i) of this section and Sec.  86.010-18(h).
    (i) Required testing for diesel-fueled/compression ignition engines.
    (l)(3)(i)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(3)(i)(B) Engine misfire. The manufacturer must perform a test
at the malfunction limit established by the manufacturer for the
monitoring required by paragraph (g)(2)(ii)(B) of this section.
    (l)(3)(i)(C) through (l)(3)(i)(K) [Reserved]. For guidance see
Sec.  86.010-18.
    (l)(3)(ii) Required testing for gasoline-fueled/spark-ignition engines.
    (l)(3)(ii)(A) through (l)(3)(ii)(I) [Reserved]. For guidance see
Sec.  86.010-18.
    (l)(3)(iii) Required testing for all engines.
    (l)(3)(iii)(A) and (l)(3)(iii)(B) [Reserved]. For guidance see
Sec.  86.010-18.
    (l)(3)(iv) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(4) Testing protocol.
    (l)(4)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(4)(ii) Test sequence.
    (l)(4)(ii)(A) through (l)(4)(ii)(C) [Reserved]. For guidance see
Sec.  86.010-18.
    (l)(4)(iii) A manufacturer required to test more than one test
engine according to paragraph (l)(2)(ii) of this section may use
internal calibration sign-off test procedures (e.g., forced cool downs,
less frequently calibrated emission analyzers) instead of official test
procedures to obtain the emission test data required by this paragraph
(l) of this section for all but one of the required test engines. The
manufacturer may elect this option if the data from the alternative
test procedure are representative of official emissions test results. A
manufacturer using this option is still responsible for meeting the
malfunction criteria specified in paragraphs (g) and (i) of this
section and Sec.  86.010-18(h) if and when emissions tests are
performed in accordance with official test procedures.
    (l)(4)(iv) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(5) Evaluation protocol.
    (l)(5)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(5)(ii) If the MIL activates prior to emissions exceeding the
applicable malfunction criteria limits specified in paragraphs (g) and
(i) of this section and Sec.  86.010-18(h), no further demonstration is
required. With respect to the misfire monitor demonstration test, if
the manufacturer has elected to use the minimum misfire malfunction
criteria of one percent as allowed in paragraphs (g)(2)(ii)(B) of this
section and Sec.  86.010-18(h)(2)(ii)(B), no further demonstration is
required provided the MIL activates with engine misfire occurring at
the malfunction criteria limit.
    (l)(5)(iii) through (l)(5)(iv) [Reserved]. For guidance see Sec. 
86.010-18.
    (l)(6) Confirmatory testing.
    (i) The Administrator may perform confirmatory testing to verify
the emission test data submitted by the manufacturer as required by
paragraph (l) of this section comply with its requirements and the
malfunction criteria set forth in paragraphs (g) and (i) of this
section and Sec.  86.010-18(h). Such confirmatory testing is limited to
the test engine(s) required by paragraph (l)(2) of this section.
    (l)(6)(ii) through (l)(7) [Reserved]. For guidance see Sec.  86.010-18.
    (m) Certification documentation requirements.
    (m)(1) through (m)(2)(iv) [Reserved]. For guidance see Sec.  86.010-18.
    (m)(2)(v) Emissions test data, a description of the testing
sequence (e.g., the number and types of preconditioning cycles),
approximate time (in seconds) of MIL activation during the test,
diagnostic trouble code(s) and freeze frame information stored at the
time of detection, corresponding test results (e.g. SAE J1979 Mode/
Service $06, SAE J1939 Diagnostic Message 8 (DM8)) stored during the
test, and a description of the modified or deteriorated components used
for malfunction simulation with respect to the demonstration tests
specified in paragraph (l) of this section. The freeze frame data are
not required for engines subject to paragraph (o)(3) of this section.
    (m)(2)(vi) through (m)(2)(x) [Reserved]. For guidance see Sec. 
86.010-18.
    (m)(2)(xi) A written identification of the communication protocol
utilized by each engine for communication with a SAE J1978/J1939 scan tool.
    (xii) A pictorial representation or written description of the
diagnostic

[[Page 3338]]

connector location including any covers or labels.
    (m)(2)(xiii) [Reserved]. For guidance see Sec.  86.010-18.
    (m)(2)(xiv) Build specifications provided to engine purchasers or
chassis manufacturers detailing all specifications or limitations
imposed on the engine purchaser relevant to OBD requirements or
emissions compliance (e.g., allowable MIL locations, connector location
specifications, cooling system heat rejection rates). A description of
the method or copies of agreements used to ensure engine purchasers or
chassis manufacturers will comply with the OBD and emissions relevant
build specifications (e.g., signed agreements, required audit/
evaluation procedures).
    (m)(2)(xv) [Reserved]. For guidance see Sec.  86.010-18.
    (n) [Reserved]. For guidance see Sec.  86.010-18.
    (o) Implementation schedule. Except as provided for in paragraph
(o)(4) of this section, the requirements of this section must be met
according to the following provisions:
    (1) OBD groups. The manufacturer shall define one or more OBD
groups to cover all engine ratings in all engine families. The
manufacturer must submit a grouping plan for Administrator review and
approval detailing the OBD groups and the engine families and engine
ratings within each group for a given model year.
    (2) Full OBD.
    (i) For all engine ratings subject to Sec.  86.010-18, the
manufacturer must implement an OBD system meeting the requirements of
this section.
    (ii) On one engine rating within each of the manufacturer's OBD
groups, the manufacturer must implement an OBD system meeting the
requirements of this section. These ``full OBD'' ratings will be known
as the ``OBD parent'' ratings. The OBD parent rating for each OBD group
must be chosen as the rating having the highest weighted projected U.S.
sales within the OBD group, with U.S. sales being weighted by the
useful life of the engine rating.
    (3) Extrapolated OBD. For all other engine ratings within each OBD
group, the manufacturer must implement an OBD system meeting the
requirements of this section except that the OBD system is not required
to detect a malfunction prior to exceeding the emission thresholds
shown in Table 1 of paragraph (g) of this section and Table 2 of Sec. 
86.010-18(h). These extrapolated OBD engines will be known as the ``OBD
child'' ratings. On these OBD child ratings, rather than detecting a
malfunction prior to exceeding the emission thresholds, the
manufacturer must submit a plan for Administrator review and approval
that details the engineering evaluation the manufacturer will use to
establish the malfunction criteria for the OBD child ratings. The plan
must demonstrate both the use of good engineering judgment in
establishing the malfunction criteria, and robust detection of
malfunctions, including consideration of differences of base engine,
calibration, emission control components, and emission control strategies.
    (4) Engines certified as alternative fueled engines shall meet the
following requirements:
    (i) To the extent feasible, those specified in paragraph (i)(3) of
this section.
    (ii) Monitor the NOX aftertreatment system on engines so
equipped. A malfunction must be detected if:
    (A) The NOX aftertreatment system has no detectable
amount of NOX aftertreatment capability (i.e.,
NOX catalyst conversion or NOX adsorption).
    (B) The NOX aftertreatment substrate is completely
destroyed, removed, or missing.
    (C) The NOX aftertreatment assembly is replaced with a
straight pipe.
    (p) In-use compliance standards. For monitors required to indicate
a malfunction before emissions exceed a certain emission threshold
(e.g., 2 times any of the applicable standards):
    (1) On the full OBD ratings as defined in paragraph (o)(2) of this
section, separate in-use emissions thresholds shall apply. These
thresholds are determined by doubling the applicable thresholds as
shown in Table 1 of paragraph (g) of this section and Table 2 of Sec. 
86.010-18(h). The resultant thresholds apply only in-use and do not
apply for certification or selective enforcement auditing.
    (2) The extrapolated OBD ratings as defined in paragraph (o)(3) of
this section shall not be evaluated against emissions levels for
purposes of OBD compliance in-use.
    (3) Only the test cycle and standard determined and identified by
the manufacturer at the time of certification in accordance with Sec. 
86.010-18(f) as the most stringent shall be used for the purpose of
determining OBD system noncompliance in-use.
    (4) For monitors subject to meeting the minimum in-use monitor
performance ratio of 0.100 in paragraph (d)(1)(ii) of this section, the
OBD system shall not be considered noncompliant unless a representative
sample indicates the in-use ratio is below 0.050.
    (5) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the
manufacturer.
    13. Section 86.013-30 is added to Subpart A to read as follows:

Sec.  86.013-30  Certification.

    Section 86.013-30 includes text that specifies requirements that
differ from Sec.  86.010-30. Where a paragraph in Sec.  86.010-30 is
identical and applicable to Sec.  86.013-30, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.  86.010-30.''
    (a) introductory text through (f)(1)(i) [Reserved]. For guidance
see Sec.  86.010-30.
    (f)(1)(ii) Diesel.
    (A) If monitored for emissions performance--a reduction catalyst is
replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust NOX emissions
exceeding the applicable NOX FEL+0.3 g/bhp-hr. Also if
monitored for emissions performance--an oxidation catalyst is replaced
with a deteriorated or defective catalyst, or an electronic simulation
of such, resulting in exhaust NMHC emissions exceeding 2 times the
applicable NMHC standard.
    (B) If monitored for performance--a particulate trap is replaced
with a deteriorated or defective trap, or an electronic simulation of
such, resulting in either exhaust PM emissions exceeding the applicable
FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is higher; or, exhaust
NMHC emissions exceeding 2 times the applicable NMHC standard. Also, if
monitored for performance--a particulate trap is replaced with a
catastrophically failed trap or a simulation of such.
    (f)(2) [Reserved]. For guidance see Sec.  86.004-30.
    (f)(3)(i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices.
    (f)(3)(i)(A) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(3)(i)(B) Diesel. If so equipped, any oxygen sensor or air-fuel
ratio sensor located downstream of aftertreatment devices is replaced
with a deteriorated or defective sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding any of the following
levels: The applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM,
whichever is higher; or, the applicable NOX FEL+0.3 g/bhp-
hr; or, 2 times the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices.
    (f)(3)(ii)(A) [Reserved]. For guidance see Sec.  86.007-30.

[[Page 3339]]

    (f)(3)(ii)(B) Diesel. If so equipped, any oxygen sensor or air-fuel
ratio sensor located upstream of aftertreatment devices is replaced
with a deteriorated or defective sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding any of the following
levels: The applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM,
whichever is higher; or, the applicable NOX FEL+0.3 g/bhp-
hr; or, 2 times the applicable NMHC standard; or, 2 times the
applicable CO standard.
    (iii) NOX sensors.
    (f)(3)(iii)(A) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(3)(iii)(B) Diesel. If so equipped, any NOX sensor is
replaced with a deteriorated or defective sensor, or an electronic
simulation of such, resulting in exhaust emissions exceeding any of the
following levels: The applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr
PM, whichever is higher; or, the applicable NOX FEL+0.3 g/bhp-hr.
    (f)(4) [Reserved]. For guidance see Sec.  86.010-30.
    (f)(5)(i) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(5)(ii) Diesel. A malfunction condition is induced in any
emission-related engine system or component, including but not
necessarily limited to, the exhaust gas recirculation (EGR) system, if
equipped, and the fuel control system, singularly resulting in exhaust
emissions exceeding any of the following levels: The applicable PM
FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is higher; or, the
applicable NOX FEL+0.3 g/bhp-hr; or, 2 times the applicable
NMHC standard; or, 2 times the applicable CO standard.
    (f)(6) [Reserved]. For guidance see Sec.  86.010-30.
    14. Section 86.016-18 is added to Subpart A to read as follows:

Sec.  86.016-18  On-board Diagnostics for engines used in applications
greater than 14,000 pounds GVWR.

    Section 86.016-18 includes text that specifies requirements that
differ from Sec.  86.013-18. Where a paragraph in Sec.  86.013-18 is
identical and applicable to Sec.  86.016-18, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.  86.013-18.''
    (a) through (n) [Reserved]. For guidance see Sec.  86.013-18.
    (o) Implementation schedule. Except as provided for in paragraph
(o)(3) of this section, the requirements of this section must be met
according to the following provisions:
    (1) OBD groups. The manufacturer shall define one or more OBD
groups to cover all engine ratings in all engine families. The
manufacturer must submit a grouping plan for Administrator review and
approval detailing the OBD groups and the engine families and engine
ratings within each group for a given model year.
    (2) Full OBD. The manufacturer must implement an OBD system meeting
the requirements of this section on all engine ratings in all engine
families.
    (3) Engines certified as alternative fueled engines shall meet the
following requirements:
    (i) To the extent feasible, those specified in Sec.  86.013-18(i)(3).
    (ii) Monitor the NOX aftertreatment system on engines so
equipped. A malfunction must be detected if:
    (A) The NOX aftertreatment system has no detectable
amount of NOX aftertreatment capability (i.e.,
NOX catalyst conversion or NOX adsorption).
    (B) The NOX aftertreatment substrate is completely
destroyed, removed, or missing.
    (C) The NOX aftertreatment assembly is replaced with a
straight pipe.
    (p) In-use compliance standards. For monitors required to indicate
a malfunction before emissions exceed a certain emission threshold
(e.g., 2 times any of the applicable standards):
    (1) On the engine ratings tested according to Sec.  86.013-
18(l)(2)(ii), the certification emissions thresholds shall apply in-use.
    (2) On the manufacturer's remaining engine ratings, separate in-use
emissions thresholds shall apply. These thresholds are determined by
doubling the applicable thresholds as shown in Table 1 of Sec.  86.013-
18(g) and Table 2 of Sec.  86.010-18(h). The resultant thresholds apply
only in-use and do not apply for certification or selective enforcement
auditing.
    (3) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the manufacturer.
    15. Section 86.019-18 is added to subpart A to read as follows:

Sec.  86.019-18  On-board diagnostics for engines used in applications
greater than 14,000 pounds GVWR.

    Section 86.019-18 includes text that specifies requirements that
differ from Sec. Sec.  86.013-18 and 86.016-18. Where a paragraph in
Sec.  86.013-18 is identical and applicable to Sec.  86.019-18, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec.  86.013-18.''
    (a) through (k)(6) [Reserved]. For guidance see Sec.  86.013-18.
    (k)(7) For 2019 and subsequent model year alternative-fueled
engines derived from a diesel-cycle engine, a manufacturer may meet the
standardization requirements of Sec.  86.013-18(k) that are applicable
to diesel engines rather than the requirements applicable to gasoline
engines.
    (l) through (n) [Reserved]. For guidance see Sec.  86.013-18.
    (o) Implementation schedule. The manufacturer must implement an OBD
system meeting the requirements of this section on all engines.
    (p) In-use compliance. An OBD system shall not be considered
noncompliant solely due to a failure or deterioration mode of a
monitored component or system that could not have been reasonably
foreseen to occur by the manufacturer.
    16. Section 86.1806-07 is added to Subpart S to read as follows:

Sec.  86.1806-07  On-board diagnostics for vehicles less than or equal
to 14,000 pounds GVWR.

    Section 86.1806-07 includes text that specifies requirements that
differ from Sec.  86.1806-05. Where a paragraph in Sec.  86.1806-05 is
identical and applicable to Sec.  86.1806-07, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.  86.1806-05.''
    (a) through (a)(2) [Reserved]. For guidance see Sec.  86.1806-05.
    (a)(3) An OBD system demonstrated to fully meet the requirements in
Sec.  86.007-17 may be used to meet the requirements of this section,
provided that such an OBD system also incorporates appropriate
transmission diagnostics as may be required under this section, and
provided that the Administrator finds that a manufacturer's decision to
use the flexibility in this paragraph (a)(3) is based on good
engineering judgement.
    (b) through (h) [Reserved]. For guidance see Sec.  86.1806-05.
    (i) Deficiencies and alternative fueled vehicles. Upon application
by the manufacturer, the Administrator may accept an OBD system as
compliant even though specific requirements are not fully met. Such
compliances without meeting specific requirements, or deficiencies,
will be granted only if compliance would be infeasible or unreasonable
considering such factors as, but not limited to: technical feasibility
of the given monitor and lead time and production cycles including
phase-in or phase-out of vehicle designs and programmed upgrades of
computers. Unmet requirements should

[[Page 3340]]

not be carried over from the previous model year except where
unreasonable hardware or software modifications would be necessary to
correct the deficiency, and the manufacturer has demonstrated an
acceptable level of effort toward compliance as determined by the
Administrator. Furthermore, EPA will not accept any deficiency requests
that include the complete lack of a major diagnostic monitor (``major''
diagnostic monitors being those for exhaust aftertreatment devices,
oxygen sensor, air-fuel ratio sensor, NOX sensor, engine
misfire, evaporative leaks, and diesel EGR, if equipped), with the
possible exception of the special provisions for alternative fueled
engines. For alternative fueled vehicles (e.g., natural gas, liquefied
petroleum gas, methanol, ethanol), manufacturers may request the
Administrator to waive specific monitoring requirements of this section
for which monitoring may not be reliable with respect to the use of the
alternative fuel. At a minimum, alternative fuel engines must be
equipped with an OBD system meeting OBD requirements to the extent
feasible as approved by the Administrator.
    (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 of Regulations Sec.  1968.2 (13
CCR 1968.2)), as modified and released on August 11, 2006, 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(k) do not
apply. The deficiency provisions of paragraph (i) of this section and
the evaporative leak detection requirement of Sec.  86.1806-05(b)(4)
apply to manufacturers selecting this paragraph for demonstrating
compliance. In addition, demonstration of compliance with 13 CCR
1968.2(e)(15.2.1)(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) through (m) [Reserved]. For guidance see Sec.  86.1806-05.
    (n) For diesel complete heavy-duty vehicles, in lieu of the
malfunction descriptions of Sec.  86.1806-05(b), the malfunction
descriptions of this paragraph (n) shall apply. The OBD system must
detect and identify malfunctions in all monitored emission-related
powertrain systems or components according to the following malfunction
definitions as measured and calculated in accordance with test
procedures set forth in subpart B of this part (chassis-based test
procedures), excluding those test procedures defined as
``Supplemental'' test procedures in Sec.  86.004-2 and codified in
Sec. Sec.  86.158, 86.159, and 86.160.
    (1) Catalysts and particulate traps.
    (i) If equipped, catalyst deterioration or malfunction before it
results in exhaust emissions exceeding 3 times the applicable
NOX standard. This requirement applies only to reduction
catalysts; monitoring of oxidation catalysts is not required. This
monitoring need not be done if the manufacturer can demonstrate that
deterioration or malfunction of the system will not result in
exceedance of the threshold.
    (ii) If equipped with a particulate trap, catastrophic failure of
the device must be detected. Any particulate trap whose complete
failure results in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NOX or PM must be monitored for such
catastrophic failure. This monitoring need not be done if the
manufacturer can demonstrate that a catastrophic failure of the system
will not result in exceedance of the threshold.
    (2) Engine misfire. Lack of cylinder combustion must be detected.
    (3)(i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: 4 times the applicable PM standard; or, 3 times the
applicable NOX standard; or, 2.5 times the applicable NMHC
standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: 4 times the applicable PM standard; or, 3 times the
applicable NOX standard; or, 2.5 times the applicable NMHC
standard; or, 2.5 times the applicable CO standard.
    (iii) NOX sensors. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: 5 times the applicable PM standard; or, 4 times the
applicable NOX standard.
    (4) [Reserved.]
    (5) Other emission control systems and components. Any
deterioration or malfunction occurring in an engine system or component
directly intended to control emissions, including but not necessarily
limited to, the exhaust gas recirculation (EGR) system, if equipped,
and the fuel control system, singularly resulting in exhaust emissions
exceeding any of the following levels: 4 times the applicable PM
standard; or, 3 times the applicable NOX standard; or, 2.5
times the applicable NMHC standard; or, 2.5 times the applicable CO
standard. A functional check, as described in paragraph (n)(6) of this
section, may satisfy the requirements of this paragraph (n)(5) provided
the manufacturer can demonstrate that a malfunction would not cause
emissions to exceed the applicable levels. This demonstration is
subject to Administrator approval. For engines equipped with crankcase
ventilation (CV), monitoring of the CV system is not necessary provided
the manufacturer can demonstrate to the Administrator's satisfaction
that the CV system is unlikely to fail.
    (6) Other emission-related powertrain components. Any other
deterioration or malfunction occurring in an electronic emission-
related powertrain system or component not otherwise described in
paragraphs (n)(1) through (n)(5) of this section that either provides
input to or receives commands from the on-board computer and has a
measurable impact on emissions; monitoring of components required by
this paragraph (n)(6) must be satisfied by employing electrical circuit
continuity checks and rationality checks for computer input components
(input values within manufacturer specified ranges based on other
available operating parameters), and functionality checks for computer
output components (proper functional response to computer commands)
except that the Administrator may waive such a rationality or
functionality check where the manufacturer has demonstrated
infeasibility. Malfunctions are defined as a failure of the system or
component to meet the electrical circuit continuity checks or the
rationality or functionality checks.
    (7) Performance of OBD functions. Any sensor or other component
deterioration or malfunction which renders that sensor or component
incapable of performing its function as part of the OBD system must be
detected and identified on engines so equipped.
    (o) For diesel complete heavy-duty vehicles, in lieu of the
certification provisions of Sec.  86.1806-05(k), the certificate
provisions of this paragraph (o) shall apply. For test groups required
to have an OBD system, certification will not be granted if, for any
test vehicle approved by the Administrator in consultation with the
manufacturer, the malfunction indicator light does not

[[Page 3341]]

illuminate under any of the following circumstances, unless the
manufacturer can demonstrate that any identified OBD problems
discovered during the Administrator's evaluation will be corrected on
production vehicles.
    (1)(i) If monitored for emissions performance--a catalyst is
replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust emissions exceeding 3 times
the applicable NOX standard. This requirement applies only
to reduction catalysts.
    (ii) If monitored for performance--a particulate trap is replaced
with a trap that has catastrophically failed, or an electronic
simulation of such.
    (2) An engine misfire condition is induced and is not detected.
    (3)(i) If so equipped, any oxygen sensor or air-fuel ratio sensor
located downstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels: 4
times the applicable PM standard; or, 3 times the applicable
NOX standard; or, 2.5 times the applicable NMHC standard.
    (ii) If so equipped, any oxygen sensor or air-fuel ratio sensor
located upstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels: 4
times the applicable PM standard; or, 3 times the applicable
NOX standard; or, 2.5 times the applicable NMHC standard;
or, 2.5 times the applicable CO standard.
    (iii) If so equipped, any NOX sensor is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels: 5
times the applicable PM standard; or, 4 times the applicable
NOX standard.
    (4) [Reserved.]
    (5) A malfunction condition is induced in any emission-related
engine system or component, including but not necessarily limited to,
the exhaust gas recirculation (EGR) system, if equipped, and the fuel
control system, singularly resulting in exhaust emissions exceeding any
of the following levels: 4 times the applicable PM standard; or, 3
times the applicable NOX standard; or, 2.5 times the
applicable NMHC standard; or, 2.5 times the applicable CO standard.
    (6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described in this
paragraph (o) that either provides input to or receives commands from
the on-board computer resulting in a measurable impact on emissions.
    17. Section 86.1806-10 is added to Subpart S to read as follows:

Sec.  86.1806-10  On-board diagnostics for vehicles less than or equal
to 14,000 pounds GVWR.

    Section 86.1806-10 includes text that specifies requirements that
differ from Sec.  86.1806-05 and Sec.  86.1806-07. Where a paragraph in
Sec.  86.1806-05 or Sec.  86.1806-07 is identical and applicable to
Sec.  86.1806-10, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 
86.1806-05.'' or ``[Reserved]. For guidance see Sec.  86.1806-07.''
    (a) General.
    (1) All light-duty vehicles, light-duty trucks and complete heavy-
duty vehicles weighing 14,000 pounds GVWR or less (including MDPVs)
must be equipped with an onboard diagnostic (OBD) system capable of
monitoring all emission-related powertrain systems or components during
the applicable useful life of the vehicle. All systems and components
required to be monitored by these regulations must be evaluated
periodically, but no less frequently than once per applicable
certification test cycle as defined in paragraphs (a) and (d) of
Appendix I of this part, or similar trip as approved by the Administrator.
    (2) [Reserved.]
    (3) An OBD system demonstrated to fully meet the requirements in
Sec.  86.010-17 may be used to meet the requirements of this section,
provided that such an OBD system also incorporates appropriate
transmission diagnostics as may be required under this section, and
provided that the Administrator finds that a manufacturer's decision to
use the flexibility in this paragraph (a)(3) is based on good
engineering judgement.
    (b) through (m) [Reserved]. For guidance see Sec.  86.1806-07.
    (n) For diesel complete heavy-duty vehicles, in lieu of the
malfunction descriptions of Sec.  86.1806-05(b), the malfunction
descriptions of this paragraph (n) shall apply. The OBD system must
detect and identify malfunctions in all monitored emission-related
powertrain systems or components according to the following malfunction
definitions as measured and calculated in accordance with test
procedures set forth in subpart B of this part (chassis-based test
procedures), excluding those test procedures defined as
``Supplemental'' test procedures in Sec.  86.004-2 and codified in
Sec. Sec.  86.158, 86.159, and 86.160.
    (1) Catalysts and particulate traps.
    (i) If equipped, reduction catalyst deterioration or malfunction
before it results in exhaust NOX emissions exceeding the
applicable NOX standard+0.3 g/mi. If equipped, oxidation
catalyst deterioration or malfunction before it results in exhaust NMHC
emissions exceeding 2.5 times the applicable NMHC standard. These
catalyst monitoring requirements need not be done if the manufacturer
can demonstrate that deterioration or malfunction of the system will
not result in exceedance of the threshold.
    (ii) If equipped, diesel particulate trap deterioration or
malfunction before it results in exhaust emissions exceeding any of the
following levels: 4 times the applicable PM standard; or, exhaust NMHC
emissions exceeding 2.5 times the applicable NMHC standard.
Catastrophic failure of the particulate trap must also be detected. In
addition, the absence of the particulate trap or the trapping substrate
must be detected.
    (2) Engine misfire. Lack of cylinder combustion must be detected.
    (3)(i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: 4 times the applicable PM standard; or, the
applicable NOX standard+0.3 g/mi; or, 2.5 times the
applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: The applicable PM standard+0.02 g/mi; or, the
applicable NOX standard+0.3 g/mi; or, 2.5 times the
applicable NMHC standard; or, 2.5 times the applicable CO standard.
    (iii) NOX sensors. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: 4 times the applicable PM standard; or, the
applicable NOX standard+0.3 g/mi.
    (4) [Reserved.]
    (5) Other emission control systems and components. Any
deterioration or malfunction occurring in an engine system or component
directly intended to control emissions, including but not necessarily
limited to, the exhaust gas recirculation (EGR) system, if equipped,
and the fuel control system, singularly resulting in exhaust emissions
exceeding any of the following levels: 4 times the applicable PM
standard; or, the applicable NOX standard+0.3 g/mi;

[[Page 3342]]

or, 2.5 times the applicable NMHC standard; or, 2.5 times the
applicable CO standard. A functional check, as described in paragraph
(n)(6) of this section, may satisfy the requirements of this paragraph
(n)(5) provided the manufacturer can demonstrate that a malfunction
would not cause emissions to exceed the applicable levels. This
demonstration is subject to Administrator approval. For engines
equipped with crankcase ventilation (CV), monitoring of the CV system
is not necessary provided the manufacturer can demonstrate to the
Administrator's satisfaction that the CV system is unlikely to fail.
    (6) Other emission-related powertrain components. Any other
deterioration or malfunction occurring in an electronic emission-
related powertrain system or component not otherwise described in
paragraphs (n)(1) through (n)(5) of this section that either provides
input to or receives commands from the on-board computer and has a
measurable impact on emissions; monitoring of components required by
this paragraph (n)(6) must be satisfied by employing electrical circuit
continuity checks and rationality checks for computer input components
(input values within manufacturer specified ranges based on other
available operating parameters), and functionality checks for computer
output components (proper functional response to computer commands)
except that the Administrator may waive such a rationality or
functionality check where the manufacturer has demonstrated
infeasibility. Malfunctions are defined as a failure of the system or
component to meet the electrical circuit continuity checks or the
rationality or functionality checks.
    (7) Performance of OBD functions. Any sensor or other component
deterioration or malfunction which renders that sensor or component
incapable of performing its function as part of the OBD system must be
detected and identified on engines so equipped.
    (o) For diesel complete heavy-duty vehicles, in lieu of the
certification provisions of Sec.  86.1806-5(k), the certification
provisions of this paragraph (o) shall apply. For test groups required
to have an OBD system, certification will not be granted if, for any
test vehicle approved by the Administrator in consultation with the
manufacturer, the malfunction indicator light does not illuminate under
any of the following circumstances, unless the manufacturer can
demonstrate that any identified OBD problems discovered during the
Administrator's evaluation will be corrected on production vehicles.
    (1)(i) If monitored for emissions performance--a reduction catalyst
is replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust NOX emissions
exceeding the applicable NOX standard+0.3 g/mi. Also if
monitored for emissions performance--an oxidation catalyst is replaced
with a deteriorated or defective catalyst, or an electronic simulation
of such, resulting in exhaust NMHC emissions exceeding 2.5 times the
applicable NMHC standard.
    (ii) If monitored for performance--a particulate trap is replaced
with a deteriorated or defective trap, or an electronic simulation of
such, resulting in exhaust PM emissions exceeding 4 times the
applicable PM standard or exhaust NMHC emissions exceeding 2.5 times
the applicable NMHC standard. Also, if monitored for performance--a
particulate trap is replaced with a catastrophically failed trap or a
simulation of such.
    (2) An engine misfire condition is induced and is not detected.
    (3)(i) If so equipped, any oxygen sensor or air-fuel ratio sensor
located downstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels: 4
times the applicable PM standard; or, the applicable NOX
standard+0.3 g/mi; or, 2.5 times the applicable NMHC standard.
    (ii) If so equipped, any oxygen sensor or air-fuel ratio sensor
located upstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
The applicable PM standard+0.02 g/mi; or, the applicable NOX
standard+0.3 g/mi; or, 2.5 times the applicable NMHC standard; or, 2.5
times the applicable CO standard.
    (iii) If so equipped, any NOX sensor is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels: 4
times the applicable PM standard; or, the applicable NOX
standard+0.3 g/mi.
    (4) [Reserved.]
    (5) A malfunction condition is induced in any emission-related
engine system or component, including but not necessarily limited to,
the exhaust gas recirculation (EGR) system, if equipped, and the fuel
control system, singularly resulting in exhaust emissions exceeding any
of the following levels: 4 times the applicable PM standard; or, the
applicable NOX standard+0.3 g/mi; or, 2.5 times the
applicable NMHC standard; or, 2.5 times the applicable CO standard.
    (6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described in this
paragraph (o) that either provides input to or receives commands from
the on-board computer resulting in a measurable impact on emissions.
    18. Section 86.1806-13 is added to Subpart S to read as follows:

Sec.  86.1806-13  On-board diagnostics for vehicles less than or equal
to 14,000 pounds GVWR.

    Section 86.1806-13 includes text that specifies requirements that
differ from Sec.  86.1806-05, Sec.  86.1806-07 and Sec.  86.1806-10.
Where a paragraph in Sec.  86.1806-05 or Sec.  86.1806-07 or Sec. 
86.1806-10 is identical and applicable to Sec.  86.1806-13 this may be
indicated by specifying the corresponding paragraph and the statement
``[Reserved]. For guidance see Sec.  86.1806-05.'' or ``[Reserved]. For
guidance see Sec.  86.1806-07.'' or ``[Reserved]. For guidance see
Sec.  86.1806-10.''
    (a)(1) [Reserved]. For guidance see Sec.  86.1806-10.
    (a)(2) [Reserved.]
    (3) An OBD system demonstrated to fully meet the requirements in
Sec.  86.013-17 may be used to meet the requirements of this section,
provided that such an OBD system also incorporates appropriate
transmission diagnostics as may be required under this section, and
provided that the Administrator finds that a manufacturer's decision to
use the flexibility in this paragraph (a)(3) is based on good
engineering judgement.
    (b) through (m) [Reserved]. For guidance see Sec.  86.1806-07.
    (n) For diesel complete heavy-duty vehicles, in lieu of the
malfunction descriptions of Sec.  86.1806-05(b), the malfunction
descriptions of this paragraph (n) shall apply. The OBD system must
detect and identify malfunctions in all monitored emission-related
powertrain systems or components according to the following malfunction
definitions as measured and calculated in accordance with test
procedures set forth in subpart B of this part (chassis-based test
procedures), excluding those test procedures defined as
``Supplemental'' test procedures in Sec.  86.004-2 and codified in
Sec. Sec.  86.158, 86.159, and 86.160.
    (1) Catalysts and particulate traps.
    (i) If equipped, reduction catalyst deterioration or malfunction
before it results in exhaust NOX emissions exceeding the
applicable NOX

[[Page 3343]]

standard+0.3 g/mi. If equipped, oxidation catalyst deterioration or
malfunction before it results in exhaust NMHC emissions exceeding 2
times the applicable NMHC standard. These catalyst monitoring
requirements need not be done if the manufacturer can demonstrate that
deterioration or malfunction of the system will not result in
exceedance of the threshold.
    (ii) If equipped, diesel particulate trap deterioration or
malfunction before it results in exhaust emissions exceeding any of the
following levels: the applicable PM standard+0.04 g/mi; or, exhaust
NMHC emissions exceeding 2 times the applicable NMHC standard.
Catastrophic failure of the particulate trap must also be detected. In
addition, the absence of the particulate trap or the trapping substrate
must be detected.
    (2) Engine misfire. Lack of cylinder combustion must be detected.
    (3)(i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: the applicable PM standard+0.04 g/mi; or, the
applicable NOX standard+0.3 g/mi; or, 2 times the applicable
NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: the applicable PM standard+0.02 g/mi; or, the
applicable NOX standard+0.3 g/mi; or, 2 times the applicable
NMHC standard; or, 2 times the applicable CO standard.
    (iii) NOX sensors. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: the applicable PM standard+0.04 g/mi; or, the
applicable NOX standard+0.3 g/mi.
    (4) [Reserved.]
    (5) Other emission control systems and components. Any
deterioration or malfunction occurring in an engine system or component
directly intended to control emissions, including but not necessarily
limited to, the exhaust gas recirculation (EGR) system, if equipped,
and the fuel control system, singularly resulting in exhaust emissions
exceeding any of the following levels: the applicable PM standard+0.02
g/mi; or, the applicable NOX standard+0.3 g/mi; or, 2 times
the applicable NMHC standard; or, 2 times the applicable CO standard. A
functional check, as described in paragraph (n)(6) of this section, may
satisfy the requirements of this paragraph (n)(5) provided the
manufacturer can demonstrate that a malfunction would not cause
emissions to exceed the applicable levels. This demonstration is
subject to Administrator approval. For engines equipped with crankcase
ventilation (CV), monitoring of the CV system is not necessary provided
the manufacturer can demonstrate to the Administrator's satisfaction
that the CV system is unlikely to fail.
    (6) Other emission-related powertrain components. Any other
deterioration or malfunction occurring in an electronic emission-
related powertrain system or component not otherwise described in
paragraphs (n)(1) through (n)(5) of this section that either provides
input to or receives commands from the on-board computer and has a
measurable impact on emissions; monitoring of components required by
this paragraph (n)(6) must be satisfied by employing electrical circuit
continuity checks and rationality checks for computer input components
(input values within manufacturer specified ranges based on other
available operating parameters), and functionality checks for computer
output components (proper functional response to computer commands)
except that the Administrator may waive such a rationality or
functionality check where the manufacturer has demonstrated
infeasibility. Malfunctions are defined as a failure of the system or
component to meet the electrical circuit continuity checks or the
rationality or functionality checks.
    (7) Performance of OBD functions. Any sensor or other component
deterioration or malfunction which renders that sensor or component
incapable of performing its function as part of the OBD system must be
detected and identified on engines so equipped.
    (o) For diesel complete heavy-duty vehicles, in lieu of the
certification provisions of paragraph (k) of this section, the
certification provisions of this paragraph (o) shall apply. For test
groups required to have an OBD system, certification will not be
granted if, for any test vehicle approved by the Administrator in
consultation with the manufacturer, the malfunction indicator light
does not illuminate under any of the following circumstances, unless
the manufacturer can demonstrate that any identified OBD problems
discovered during the Administrator's evaluation will be corrected on
production vehicles.
    (1)(i) If monitored for emissions performance--a reduction catalyst
is replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust NOX emissions
exceeding the applicable NOX standard+0.3 g/mi. Also if
monitored for emissions performance--an oxidation catalyst is replaced
with a deteriorated or defective catalyst, or an electronic simulation
of such, resulting in exhaust NMHC emissions exceeding 2 times the
applicable NMHC standard.
    (ii) If monitored for performance--a particulate trap is replaced
with a deteriorated or defective trap, or an electronic simulation of
such, resulting in exhaust PM emissions exceeding the applicable
standard+0.04 g/mi or exhaust NMHC emissions exceeding 2 times the
applicable NMHC standard. Also, if monitored for performance--a
particulate trap is replaced with a catastrophically failed trap or a
simulation of such.
    (2) An engine misfire condition is induced and is not detected.
    (3)(i) If so equipped, any oxygen sensor or air-fuel ratio sensor
located downstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM standard+0.04 g/mi; or, the applicable NOX
standard+0.3 g/mi; or, 2 times the applicable NMHC standard.
    (ii) If so equipped, any oxygen sensor or air-fuel ratio sensor
located upstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM standard+0.02 g/mi; or, the applicable NOX
standard+0.3 g/mi; or, 2 times the applicable NMHC standard; or, 2
times the applicable CO standard.
    (iii) If so equipped, any NOX sensor is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM standard+0.04 g/mi; or, the applicable NOX
standard+0.3 g/mi.
    (4) [Reserved.]
    (5) A malfunction condition is induced in any emission-related
engine system or component, including but not necessarily limited to,
the exhaust gas recirculation (EGR) system, if equipped, and the fuel
control system, singularly resulting in exhaust emissions exceeding any
of the following levels: the applicable PM standard+0.02 g/mi; or, the
applicable NOX standard+0.3 g/mi; or, 2 times the applicable
NMHC standard; or, 2 times the applicable CO standard.
    (6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described in this

[[Page 3344]]

paragraph (o) that either provides input to or receives commands from
the on-board computer resulting in a measurable impact on emissions.

[FR Doc. 07-110 Filed 1-23-07; 8:45 am]
BILLING CODE 6560-50-P 

 
 


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