[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Rules and Regulations]
[Pages 37944-37945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17477]



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[[Page 37945]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[AMS-FRL-5225-7]
RIN 2060-AC65


Control of Air Pollution From New Motor Vehicles and New Motor 
Vehicle Engines: Regulations Requiring On-Board Diagnostic (OBD) 
Systems--Regulations Allowing Optional Compliance with California OBD 
II Requirements as Satisfying Federal OBD

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Due to one adverse comment, EPA is removing one specific 
provision of the recent direct final rule revising requirements 
associated with on-board diagnostic (OBD) systems. That direct final 
rule was published in the Federal Register on March 23, 1995 (60 FR 
15242). EPA is removing only the provision concerning the acceptance of 
revised California OBD II as satisfying federal OBD requirements 
through the 1998 model year. Because that provision is being removed, 
the Agency intends to issue a notice of proposed rulemaking (NPRM) in 
the near future to reinstate the intent of allowing optional compliance 
with revised OBD II requirements.

EFFECTIVE DATE: June 30, 1995.

ADDRESSES: Materials relevant to this rulemaking are contained in 
Docket No. A-90-35, and are available for public inspection and 
photocopying between 8 a.m. and 5:30 p.m. Monday through Friday. The 
telephone number is (202) 260-7548 and the facsimile number is (202) 
260-4400. A reasonable fee may be charged by EPA for copying docket 
material.

FOR FURTHER INFORMATION CONTACT: Todd Sherwood, (313) 668-4405.

SUPPLEMENTARY INFORMATION: On March 23, 1995, EPA published a direct 
final rule revising requirements associated with on-board diagnostic 
systems. EPA believed that this direct final rule would not be 
controversial. In that direct final rule, EPA stated that, ``If notice 
is received that any person or persons wish to submit adverse comments 
regarding some, but not all of the actions taken in this rulemaking, 
then EPA shall withdraw this final action and publish a proposal only 
with regard to the actions for which notice has been received.'' EPA 
stated that it would make such a withdrawal if adverse comment was 
received by April 24, 1995.
    EPA has received adverse comment from the Motor and Equipment 
Manufacturers Association (MEMA). This adverse comment has been placed 
in the public docket for viewing. The comments submitted by MEMA are 
adverse with regard to a revision of 40 CFR 86.094-17(j) that would 
allow manufacturers the option of complying with the recently revised 
California OBD II requirements (California Air Resources Board Mail-Out 
#95-03). (MEMA had initially objected to other specific provisions of 
the direct final rule, but MEMA withdrew these objections in a letter 
signed May 18, 1995.) Therefore, EPA is removing the provision of that 
direct final rule that pertains to optional compliance with the revised 
OBD II requirements of ARB Mail-Out #95-03. The language of the prior 
final rule published on February 19, 1993 (58 FR 9468) allowing 
compliance with California OBD II requirements is reinstated in 
Sec. 86.094-17(j) as they existed on that date.
    It is important to note that EPA's removal of this regulatory 
change is not based on EPA's agreement or disagreement with the adverse 
comment received. The removal is based solely on EPA's determination, 
announced in the direct final rule, that the provisions of the direct 
final rule would go into effect only if no persons submitted adverse 
comments.
    EPA is removing this provision without providing prior notice and 
comment because it finds good cause with the meaning of 5 U.S.C. 
553(b). Notice and comment would be impracticable, as EPA needs to 
remove this revision quickly because it went into effect May 22, 1995. 
Also, EPA has already informed the public it would withdraw any 
provision that received adverse or critical comments.

List of Subjects in 40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Gasoline, Incorporation by reference, Motor 
vehicles, Motor vehicle pollution, Reporting and recordkeeping 
requirements.

    Dated: June 30, 1995.
Fred Hansen,
Acting Administrator.

    For the reasons set out in the preamble, part 86 of title 40 of the 
Code of Federal Regulations is amended as follows:

PART 86--CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR 
VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION 
AND TEST PROCEDURES

    1. The authority citation for part 86 continues to read as follows:

    Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217, 
and 301(a), Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7524, 
7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).

Subpart A--[Amended]

    2. Section 86.094-17 is amended by revising paragraph (j) to read 
as follows:


Sec. 86.094-17  Emission control diagnostic system for 1994 and later 
light-duty vehicles and light-duty trucks.

* * * * *
    (j) Demonstration of compliance with California OBD II requirements 
(Title 13 California Code section 1968.1) shall satisfy the 
requirements of this section through the 1998 model year except that 
compliance with Title 13 California Code section 1968.1(d), pertaining 
to tampering protection, is not required to satisfy the requirements of 
this section.

[FR Doc. 95-17477 Filed 7-24-95; 8:45 am]
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