[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]
BILLING CODE 6560-50-P