[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24808]
[[Page Unknown]]
[Federal Register: October 7, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[FRL-5087-2]
Control of Air Pollution From New Motor Vehicles and New Motor
Vehicle Engines: Regulations Requiring Tampering Prevention for On-
Board Diagnostic Systems
AGENCY: Environmental Protection Agency.
ACTION: Notice of Court Decision Regarding Agency Regulations.
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SUMMARY: This notice is intended to inform the public that the United
States Court of Appeals for the District of Columbia Circuit has
ordered that regulations published by the Agency intended to prevent
tampering with vehicle on-board emissions diagnostic systems be
vacated.
DATES: The court order vacating the agency's anti-tampering regulations
was filed on May 19, 1994.
FOR FURTHER INFORMATION CONTACT: Todd Sherwood, Certification Division,
U.S. Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI
48105, Telephone (313) 668-4405 or Michael Horowitz, Office of General
Counsel, U.S. Environmental Protection Agency, 401 M Street S.W.
(2344), Washington, D.C. 20460, Telephone (202) 260-8883.
SUPPLEMENTARY INFORMATION: On February 19, 1993, the Federal Register
published the Environmental Protection Agency's (the Agency's)
rulemaking requiring on-board emission diagnostics systems on 1994 and
later model year light-duty vehicles and light-duty trucks (58 FR
9468). This rulemaking promulgated regulations that included provisions
requiring vehicle manufacturers to install on affected vehicles:
``* * * features to deter modification except as authorized by
the manufacturer. Any reprogrammable computer codes or operating
parameters must be resistant to tampering and the computer and any
related maintenance instructions must conform to the provisions of
SAE J2186 ``E/E Data Link Security.'' (SEP91). A removable
calibration memory chip shall be potted or encased in a sealed
container * * *. Demonstration of compliance with the tampering
protection section of the California OBD II requirements shall
satisfy the requirements of this section through the 1998 model
year.'' 40 CFR Sec. 86.094-18 (the ``anti-tampering regulation''.)
Several associations representing aftermarket automotive parts
manufacturers, rebuilders, distributors, retailers and automotive
service and repair providers (``the petitioners'') subsequently
petitioned for review of the rulemaking by the United States Court of
Appeals for the District of Columbia Circuit (Docket No. 93-1277).
On May 9, 1994, the Agency and the petitioners (``the parties'')
filed with the Court a Joint Motion to Remand the Administrative Record
to the Agency ``in order for EPA to reconsider the anti-tampering
provisions, to address any tensions between these provisions and the
access and information availability requirements [of sections 202(m)(4)
and 202(m)(5) of the Act], and, if necessary, to promulgate new
regulations addressing EPA's concerns about tampering.'' The parties
further requested the Court to order that the anti-tampering provisions
(and the incorporation of California's anti-tampering regulations) be
vacated and be declared void ab initio.
On May 19, 1994, the Court ordered that the joint motion for remand
be granted and that the anti-tampering regulation be vacated. The Court
also ordered that 40 CFR Sec. 86.094-17(j) be vacated to the extent it
requires compliance with California's anti-tampering regulations for
those vehicles optionally certified to the California OBD II
requirements (Title 13, California Code of Regulations,
Sec. 1968.1(d)). The Court also ordered the remainder of the case be
held in abeyance pending further order of the Court.
EPA intends to issue a final rulemaking that will officially
withdraw the anti-tampering provisions (40 CFR Sec. 86.094-18 and 40
CFR Sec. 86.094-17(j), to the extent it requires compliance with
California's anti-tampering regulations for those vehicles optionally
certified to the California OBD II requirements) from the Code of
Federal Regulations. In addition, EPA is continuing to review its
policy concerns regarding tampering, (i.e. modifications made to
vehicles in order to, or resulting in, the vehicles' emission control
systems being incapacitated, damaged, or made less effective.) EPA may
in the future determine that it is appropriate to promulgate new
regulations to address its concerns regarding tampering. If the Agency
so determines, it will at that time publish a notice of proposed
rulemaking addressing these concerns.
Dated: September 30, 1994.
Jerry Kurtzweg,
Acting Assistant Administrator, for Air and Radiation.
[FR Doc. 94-24808 Filed 10-6-94; 8:45 am]
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